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We the Court Luis Miguel Poiares Pessoa Maduro

We the Court By Luis Miguel Poiares Pessoa Maduro

We the Court by Luis Miguel Poiares Pessoa Maduro

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Summary

An inter-disciplinary analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development.

We the Court Summary

We the Court: The European Court of Justice and the European Economic Constitution by Luis Miguel Poiares Pessoa Maduro

The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.

We the Court Reviews

The central free movement of goods provision has not only provoked more litigation than any other E.C. Treaty provision but also, with one or two exceptions, more sterile academic comment. Yet, it is only by grubbing around in the dirt that one finds gems, and Dr Poiares's book is a real diamond. Based upon his doctorate, it provides the most elaborately argued and most extensively researched thesis on Article 30; sweeping in its panorama; unique in its integration of perspectives of institutional efficacy and political economy into the normative debate, and intelligent in its execution. It will be a must read; for students and specialists alike for many years to come. Damian Chalmers Law Quarterly Review September 2002 ... the reviewed book represents an extremely interesting piece of work which may be regarded as pioneering, especially in the field of law concerned with the free movement rules within the European Union, but perhaps also more generally in the field concerned with the constitutional dimensions of this legal orderthe author, in a well written and engaging style, brings us behind the text of article 30 EC and the relevant case law to an understanding of the real and difficult issues involved. This book will be influential in this field of law and may therefore be highly recommended. Ulla B. Neergaard Maastricht Journal of European and Comparative Law

About Luis Miguel Poiares Pessoa Maduro

Miguel Maduro is an Advocate General at the European Court of Justice in Luxembourg.

Table of Contents

Part 1: the creation; the constitutionalisation of community law - the legitimacy of the European Court of Justice and Community Law; the European Court among reasons, rules and institutions; framing the constitution 1 - legal reasoning; framing the constitution 2 - litigation; framing the constitution 3 - legal discourse and legal pluralism. Part 2: the classical readings of Article 30 and the European economic constitution; the classical readings of Article 30 - discrimination versus balancing; the underlying conflict - economic liberalism versus anti-protectionism. Part 3: the judicial model of the European economic constitution and Article 30 - majoritarian activism; the expansion of Article 30 and the limits to state regulation of the market; the European Court of Justice - majoritarian activism after Keck; market maintenance and market building; the European Court's market building and market maintenance - different approaches to the European economic constitution. Part 4: the alternative models of the European economic constitution; the debate on Article 30 and European regulation - institutional choices, constitutional models and the legitimacy of European law; the centralised model of the European economic constitution (harmonisation); the competitive model of the European economic constitution (competition among rules); the decentralised model of the European economic constitution (state regulation under non-discrimination). Part 5: Article 30 and the European economic constitution - reforming the market or the state?; constitutional models, goals and institutions; economic due process versus anti-protectionism; the open character of the European economic constitution; the European economic constitution and anti-protectionism; beyond anti-protectionism - the political aspects of European integration and the constitutionalisation of European Community law; a constitutional law approach to Article 30; constitutional models and the legitimacy of European law.

Additional information

NPB9781901362251
9781901362251
1901362256
We the Court: The European Court of Justice and the European Economic Constitution by Luis Miguel Poiares Pessoa Maduro
Luis Miguel Poiares Pessoa Maduro
New
Hardback
Bloomsbury Publishing PLC
1998-02-01
208
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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