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On De-formalisation in European Politics and Formalism in European Jurisprudence in Response to the “Social Deficit” of the European Integration Project
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Sammanfattning
With the decisions in Viking, Laval and Rüffert, the European Court of Justice has reminded us that the hard law of negative integration can still be brought to bear. In this essay, Christian Joerges and Florian Rödl develop a theoretical framework within which the project of “social Europe” can be observed and assessed. They reconstruct the “social deficit“ in the original design of the European Economic Community, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project; alternatively, they underline the need to link the rule of law with democracy and social justice. Secondly, they focus on the constitutional forms through which such linkages can be institutionalized. Their realisation requires a re-conceptualisation of European law as a new type of supranational conflict of laws, the authors argue. |
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On De-formalisation in European Politics and Formalism in European Jurisprudence in Response to the “Social Deficit” of the European Integration Project |
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