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

Abstract

Part 1: the creation the constitutionalisation of community law - the legitimacy of the European Court of Justice and Community Law the European Court among reasons, rules and institutions framing the constitution 1 - legal reasoning framing the constitution 2 - litigation framing the constitution 3 - legal discourse and legal pluralism. Part 2: the classical readings of Article 30 and the European economic constitution the classical readings of Article 30 - discrimination versus balancing the underlying conflict - economic liberalism versus anti-protectionism. Part 3: the judicial model of the European economic constitution and Article 30 - majoritarian activism the expansion of Article 30 and the limits to state regulation of the market the European Court of Justice - majoritarian activism after Keck market maintenance and market building the European Court's market building and market maintenance - different approaches to the European economic constitution. Part 4: the alternative models of the European economic constitution the debate on Article 30 and European regulation - institutional choices, constitutional models and the legitimacy of European law the centralised model of the European economic constitution (harmonisation) the competitive model of the European economic constitution (competition among rules) the decentralised model of the European economic constitution (state regulation under non-discrimination). Part 5: Article 30 and the European economic constitution - reforming the market or the state? constitutional models, goals and institutions economic due process versus anti-protectionism the open character of the European economic constitution the European economic constitution and anti-protectionism beyond anti-protectionism - the political aspects of European integration and the constitutionalisation of European Community law a constitutional law approach to Article 30 constitutional models and the legitimacy of European law.

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