L'Allemagne et Obama 2 Repenser les relations transatlantiques

Niglia, Federico; Baron, Esther

doi:10.3917/oute1.038.0250

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“…The judgment is slightly ambivalent because the Court emphasised, first, that the Union not only has an economic, but also a social purpose and that economic freedoms must be balanced with social policy objectives. 112 As such, this type of balancing of has been termed as 'disclosed' balancing 113 which requires settling the question whether social policy objectives can actually be internalised within a narrow and substantively orientated market efficiency rationale. Labour market rules do sometimes fulfil a market enabling function by reducing transaction costs and information asymmetries in wage setting, and, consequently, are not necessarily antithetic to market making.…”

Section: C) Viking: Recognising the Substantive Limits Of The Internamentioning

confidence: 99%

Responsive Adjudication and the ‘Social Legitimacy’ of the Internal Market

Mulder

2016

European Law Journal

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This article is concerned with the social legitimacy of EU free movement adjudication. What does social legitimacy entail within the multi-level 'embedded liberalism' construction of the internal market? How can the objective of free movement (market access) and a commitment to social diversity both be pursued without one necessarily trumping the other? This article seeks to contribute to these questions on the basis of a discussion of what has come to be known as the argument from transnational effects and the development of an adjudicative model that can be termed 'socially responsive'. On the basis of an 'ideal types' analysis of the case law of the Court, it is concluded that responsiveness to Member State social context is lacking in any coherent form in the case law of the Court of Justice of the European Union. However, a responsive model of adjudication can be (re)constructed by streamlining the identified ideal type adjudicative rationales. In the midst of this process of discovery, an operational rationale to establish the substantive (social) scope and reach of the internal market shall be submitted.

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Section: C) Viking: Recognising the Substantive Limits Of The Internamentioning

confidence: 99%

Responsive Adjudication and the ‘Social Legitimacy’ of the Internal Market

Mulder

2016

European Law Journal

View full text Add to dashboard Cite

show abstract

L'Allemagne et Obama 2 Repenser les relations transatlantiques

Cited by 1 publication

References 0 publications

Responsive Adjudication and the ‘Social Legitimacy’ of the Internal Market

Responsive Adjudication and the ‘Social Legitimacy’ of the Internal Market

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