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Justice in the EU - The Emergence of Transnational Solidarity (Hardcover)
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Justice in the EU - The Emergence of Transnational Solidarity (Hardcover)
Series: Oxford Studies in European Law
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In Justice in the EU: The Emergence of Transnational Solidarity,
Floris de Witte argues that European Union law can be understood as
an instrument for the elaboration of what justice is, means, and
requires on the level beyond the nation state. Approaching the
question of justice from the European perspective, however,
challenges us to think beyond the contractarian idea that equates
justice with national political self-determination. A proper model
of justice demands a tiered institutional and normative
understanding of justice, involving both the nation state and the
EU, which can make sense of the new ties between individual
citizens that the process of European integration continues to
generate. It also requires that we construct a theory of
transnational solidarity that can explain what those new ties tell
us about our transnational obligations of justice. This book
tackles three issues in turn. It explains which precise
institutional and normative structures are indispensable in the
pursuit of justice; how the European Union can be understood to
increase our capacity for the attainment of justice; and formulates
a theory of transnational solidarity that informs the interaction
between national and European spheres. Three different types of
transnational solidarity are identified and carefully traced
throughout the case law of the Court of Justice: market solidarity,
communitarian solidarity, and aspirational solidarity. Read
together, these three transnational solidarities tell us exactly
what justice means in the EU.
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