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

We the Court: The European Court of Justice and the European Economic Constitution

Autor Luis Miguel Poiares Pessoa Maduro
en Limba Engleză Hardback – 31 ian 1998
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.
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Specificații

ISBN-13: 9781901362251
ISBN-10: 1901362256
Pagini: 208
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.47 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Using an inter-disciplinary approach, this book offers a descriptive and normative analysis of the European Economic Constitution and ECJ. It is particularly relevant in view of present debates on the Constitution and reform of the regulatory state.

Notă biografică

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

Cuprins

1. The Creation2. The Classical Readings of Article 30 and the European Economic Constitution3. The Judicial Model of the European Economic Constitution and Article 30: Majoritarian Activism4. The Alternative Models of the European Economic Constitution5. Article 30 and the European Economic Constitution: Reforming the Market or the State?

Recenzii

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.
. 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.

Descriere

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