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Europe’s Justice Deficit?

Editor(s): Dimitry Kochenov, Gráinne de Búrca, Andrew Williams
Media of Europe’s Justice Deficit?
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Published: 29-06-2017
Format: Paperback
Edition: 1st
Extent: 510
ISBN: 9781509915491
Imprint: Hart Publishing
RRP: £31.99
Online price : £28.79
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Loren Epson

About Europe’s Justice Deficit?

The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice.

The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.

The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

Table Of Contents

Table of cases
The list of contributors
1. Introduction: Europe's Justice Deficit: The editors
Part I The Many Faces of Justice in the EU
2. Justice and Justification: Neil Walker
3. No Need to Be Afraid of Justice. Democracy and Justification in the EU: Jürgen Neyer
4. Disproportionate Individualism: Stavros Tsakyrakis
5. Problems with Justice in the European Union: Andrew Williams
6. The Preoccupation with Rights and the Embrace of Inclusion: A Critique: Alexander Somek
7. A Reply to Somek: Andrew Williams
8. The EU as a Justice Enabling Institution: A Sen-Inspired Vision: Dimitry Kochenov
9. The 'Justice Deficit' Debate in EU Private Law: Daniela Caruso
Part II Justice and Institutions
10. The Role of Institutional Justice as a Check of Empirical Anarchy: Suryapratim Roy
11. The Expressive Deficit of EU Law: Gareth Davies
12. Institutional Responsiveness in the EU: Vlad Perju
13. Liberal Constitutionalism, the European Social Market, and the 'Importance of Background Justice': Oliver Gerstenberg
14. Justice Deficit and Legality Review of EU Acts: Dorota Leczykiewicz
Part III Social Justice an1. Europe's Justice Deficit Introduced
Dimitry Kochenov and Andrew Williams
Part One
2. The Ought of Justice
Dimitry Kochenov
3. The Problem(s) of Justice in the European Union
Andrew Williams
4. Justice, Injustice and the Rule of Law in the EU
Sionaidh Douglas-Scott
5. The Question of Standards for the EU: From 'Democratic Deficit'
to 'Justice Deficit?'
Oliver Gerstenberg
6. Justice as Europe's Signifier
Suryapratim Roy
7. 'Constitutional Justice' and Judicial Review of EU Legislative Acts
Dorota Leczykiewicz
Part Two
8. Politicising Europe's Justice Deficit: Some Preliminaries
Michael A Wilkinson
9. Whose Justice? Which Europe?
Agustín José Menéndez
10. We the People: EU Justice as Politics
Daniel Augenstein
11. Swabian Housewives, Suffering Southerners: The Contestability
of Justice as Exemplified by the Eurozone Crisis
Danny Nicol
12. Is Transnational Citizenship (Still) Enough?
Justine Lacroix
Part Three
13. The Evolving Idea of Political Justice in the EU:
From Substantive Deficits to the Systemic Contingency
of European Society
Jir?í Pr?ibán?
14. Justice and the Right to Justification: Conceptual Reflections
Jürgen Neyer
15. Justice, Democracy and the Right to Justification:
Reflections on Jürgen Neyer's Normative Theory of the
European Union
Rainer Forst
16. Disproportionate Individualism
Stavros Tsakyrakis
17. Justice in and of the European Union
Neil Walker
18. Social Legitimacy and Purposive Power: The End,
the Means and the Consent of the People
Gareth Davies
Part Four
19. Social Justice in the European Union: The Puzzles of
Solidarity, Reciprocity and Choice
Juri Viehoff and Kalypso Nikolaïdis
20. The Preoccupation with Rights and the Embrace of
Inclusion: A Critique
Alexander Somek
21. A Reply to Somek
Andrew Williams
22. Taking Change Seriously: The Rhetoric of Justice and the
Reproduction of the Status Quo
Damjan Kukovec
23. Victimhood and Vulnerability as Sources of Justice
András Sajó
24. Conceptions of Justice From Below: Distributive Justice as a Means to Address Local Conflicts in European Law and Policy
Fernanda G Nicola
25. Qu'ils mangent des contrats : Rethinking Justice in
EU Contract Law
Daniela Caruso
Part Five
26. Just Fatherlands? The Shoah in the Jurisprudence of Strasbourg
Carole Lyons
27. An Idea of Ecological Justice in the EU
Jane Holder
28. Freedom of Expression and Spatial (Imaginations of) Justice
Antonia Layard
29. The Just World
Dimitry Kochenov
30. Conclusion
Gráinne de Búrcad Solidarity in Europe
15. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis: Danny Nicol
16. Markets, Demoi, and Social Justice: Reflections on the Crisis of the European Union: Mike Wilkinson
17. The Choice for Sustainable Solidarity in Europe: Kalypso Nicolaïdis and Juri Viehoff
18. National and Transnational Justice Claims: Floris de Witte
19. Double Life of the European Union: The EU's Human Rights Duties and Responsibilities for Human Rights: Samantha Besson
Part IV Justice, Movement and Space
20. Spatial Justice in the EU: Antonia Layard
21. Justice from Below: Tackling the Local Inequalities in the EU: Fernanda Nicola
22. Taking Change Seriously - The Discourse of Justice and the Reproduction of the Status Quo: Damjan Kukovec
23. A Short Enquiry Concerning Political Justice in Europe and Its Influence on Democracy and Fairness: Agustin Menendez
Part V Justice and the Political
24. In the Name of the People: EU Justice as Politics: Daniel Augenstein
25. Political Justice for an Ever Closer Union of European Peoples: Richard Bellamy
26. Contingency of Political Justice and Depoliticized Governance in the EU: Jirí Pribán
27. Is a Transnational Citizenship (Still) Enough?: Justine Lacroix
28. Justice, the Public Square and Differentiated Citizenship in the EU: Dora Kostakopoulou
Part VI Generational Justice in Europe
29. Vulnerability and Victimhood as Grounds for Reparative Justice Distributive in Nature: András Sajó
30. Just Fatherlands? The Shoah Legacy in Strasbourg Jurisprudence: Carole Lyons
31. Negotiating Nature and Ecological Justice in the EU: Jane Holder
32. Two Visions of Justice in the EU: Sionaidh Douglas-Scott
33. Conclusion: Reclaiming the Importance of Justice: The editors


“The pluralism in approaches ... is a big plus of this book and makes it an interesting and inspiring read: a read which has the capacity to kindle further discussion and research ... In the end, the book does not give one answer, but many – and this is what makes it so valuable for the current debate of a future (of) Europe.” –  Eva Julia Lohse, Common Market Law Review

“This is a remarkable volume which addresses a long-neglected question about the EU: situated between integration through market freedoms and an emerging constitutional project, how does the EU contribute to the achievement of justice? A set of lively, engaged and scholarly contributions which extend the boundaries of the debate. A must-read for all interested in European Studies.” –  Professor Seyla Benhabib, Eugene Meyer Professor of Political Science and Philosophy at Yale University,

“The list of authors reads like a veritable “Who's Who of European studies”...The outcome is fascinating, enormously rich and diverse (with the authors occasionally disagreeing with each other) – just as Europe is. Once you have read it, you realize what an important void it has filled. It opens up a new, fresh perspective within the European studies, and I can safely predict that it will become a canon, by reference to which we will be discussing “justice in/of Europe” in the years to come.” –  Wojciech Sadurski, Challis Professor of Jurisprudence, The University of Sydney Faculty of Law,

“By arranging a multi-disciplinary discussion about justice in the EU “as a flow of ideas” this most engaging book offers a gripping account of justice as the proverbial contested concept…The editors have succeeded in bringing together a group of feisty scholars keen to present their rather diverse, and at times even exclusive, take on the meaning of justice...A must read for all interested in justice, nothwithstanding their own disciplinary home.” –  Prof Antje Wiener, Chair in Political Science, especially Global Governance, University of Hamburg,

“The question of the EU's justice deficit could not be of greater relevance. Both scholars and politicians have often argued that the economic and other benefits of the EU compensate for any democratic failings. Yet, as the eurocrisis renders these benefits less apparent, it becomes more appropriate than ever to ask whether it distributes them and any accompanying costs in a just way. The responses of the contributors to this volume prove as disturbing as they are informative.” –  Professor Richard Bellamy, Director of the Max Weber Programme, European University Institute, Florence,

“The critical assessment provided by this book will help to create a fuller picture of the justice deficit in the EU, and open up an important new avenue of legal research.” –  Hans-W Micklitz, Journal of Consumer Policy

“The book is an interesting read and could not have been more timely, considering all the challenges the EU is currently facing.” –  Martijn van den Brink, European Law Review

Europe's Justice Deficit?, a collection of essays by leading academics and young scholars, offers a robust conversation about the legal and philosophical aspects of justice in Europe.” –  Yale Journal of International Law

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