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.
Les mer
The Emergence of Transnational Solidarity
Produktdetaljer
ISBN
9780191036354
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter