Towards More Resilience for a Social EU - The Constitutionally Conditioned Internal Market

Towards More Resilience for a Social EU - The Constitutionally Conditioned Internal Market
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Total Pages : 30
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ISBN-10 : OCLC:1304434633
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Book Synopsis Towards More Resilience for a Social EU - The Constitutionally Conditioned Internal Market by : Dagmar Schiek

Download or read book Towards More Resilience for a Social EU - The Constitutionally Conditioned Internal Market written by Dagmar Schiek and published by . This book was released on 2018 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is part of a larger legal-constitutional project aiming to close the gap between the EU's normative commitments to socio-economic justice and the practical workings of its economic integration project. It focuses on the Internal Market, and the changes required in the CJEU's case law if the EU is to achieve an EU level social dimension as an intrinsic element of its Internal Market. It argues that the Charter of Fundamental Rights for the European Union commits the EU to a constitutionally conditioned Internal Market, because it curbs property rights and entrepreneurial freedom specifically in order to safeguard social rights guarantees. The concept is then applied to devise an alternative judicial answer to cases such as Laval, Viking and AGET Iraklis. In doing so it demonstrates that it is possible to reinstate socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels.Gap between the EU's normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union - Charter normatively commits EU to a constitutionally conditioned Internal Market - Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees - Constructive response to legitimacy dilemmas emerging from cases such as Laval , Viking and AGET Iraklis - Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels.


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