We, the Court : the European Court of Justice and the European Economic Constitution ; a critical reading of Article 30 of the EC Treaty

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. 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. This new book describes and analyzes the new Economic Constitution developed by the European Court of Justice. In doing so it discusses different constitutional models and forms of legitimacy and evaluates the limits to state and public intervention in the market, the division of competences between Member States and the EU, the principle of non-discrimination, and the notion of fundamental rights. This leads to a critical examination of the process of constitution-making in the EU, and the role of the Court of Justice in this process. Contents......Page 7 Table of Cases......Page 9 Introduction......Page 13 1 The Creation......Page 19 2 The Classical Readings of Article 30 and the European Economic Constitution......Page 47 3 The Judicial Model of the European Economic Constitution and Article 30 Majoritarian Activism......Page 73 4 The Alternative Models of the European Economic Constitution......Page 115 5 Article 30 and the European Economic Constitution: Reforming the Market or the State?......Page 163 Bibliography......Page 190 Index......Page 201 Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this book analyzes 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