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The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion (eBook)


ISBN13: 9781136617591
Published: October 2011
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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This book explores how the right to free movement of goods, persons, services and capital in the European Union legal order affects the nation-states and the peoples of Europe. The four freedoms, as they are known, are vital for the construction and protection of the European market without internal frontiers. As such the four freedoms have been recognized as elements of a European constitutional order, which may challenge the autonomy of national constitutions and parliaments. But how do the four freedoms affect the autonomy of national governments and administrative authorities? Can the effects of the rights to free movement on national governments and administrative authorities provide new insights into how the European Union legal order affects nation-states and the peoples of Europe?

This book explores the relations and conflicts between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular it looks at the discretionary powers enjoyed by national governments and administrative authorities, which have been used by welfare states to provide opportunities to include affected interests, experts, and users in public decision-making, and thereby fulfil democratic ideals such as inclusion and deliberation in complex and differentiated societies. The book analyses a series of judgments from the European Court of Justice which indicate that the four freedoms may be incompatible with the practice of entrusting national authorities with discretionary powers, and shows how this creates a democratic dilemma for welfare states.

Subjects:
EU Law, eBooks
Contents:
1. Introduction
2. Democracy, National Administration and the European Constitution
3. Administrative Discretion – A Restriction to Free Movement
4. The European Constitution, Democracy and Administrative Discretion
5. Administrative Discretion and Democracy in Norway
6. The European Relevance of the Norwegian Case
7. The European Constitution, Welfare States and Democracy

Series: Routledge Research in EU Law

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Delegation of Powers in the EU Legal System ISBN 9781032004044
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Delegation of Powers in the EU Legal System ISBN 9780367710927
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Constitutional Law and the EU Balanced Budget Principle (eBook) ISBN 9781351723510
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Constitutional Law and the EU Balanced Budget Principle ISBN 9781138742871
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The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
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EU Energy Relations With Russia ISBN 9781138041752
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Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
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The Right to Family Life in the European Union ISBN 9781138186279
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Global Data Protection in the Field of Law Enforcement ISBN 9781138655386
Published June 2016
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£125.00
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European Perspectives on Environmental Law and Governance ISBN 9781138809680
Published June 2014
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£53.99
European Perspectives on Environmental Law and Governance ISBN 9780415500067
Published October 2012
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£145.00
The Evolving EU Counter-terrorism Legal Framework (eBook) ISBN 9781136493836
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The Evolving EU Counter-terrorism Legal Framework ISBN 9780415557580
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Turkey’s Accession to the European Union: The Politics of Exclusion? ISBN 9780415577854
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New Governance and the European Strategy for Employment ISBN 9780415467797
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Centralised Enforcement, Legitimacy and Good Governance in the EU ISBN 9780415467841
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