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Oxford Studies in European Law

Justice in the EU

The Emergence of Transnational Solidarity

Floris de Witte

Justice in the EU

Oxford Studies in European Law

Justice in the EU

The Emergence of Transnational Solidarity

Oxford Studies in European Law: Justice in the EU

 

The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.


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Beschrijving Oxford Studies in European Law: Justice in the EU

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.


ISBN
9780198724346
Pagina's
256
Verschenen
Serie
Oxford Studies in European Law
NUR
754
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

Politicologie




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