Justice in the EU - The Emergence of Transnational Solidarity

Provides an accessible discussion of the literature dealing with justice beyond the state, which is most often found in complex and highly specialized journals Contextualizes the emergence of transnational solidarity in different settings: economic interaction, social interaction, and political interaction Concentrates on the interaction between law and politics in the EU and the topic debate of justice, and how they influence eachothers claims An in-depth analysis of how the case law of the CJEU articulates claims of justice, offering a clear and detailed guidance to the case law Comparatively examines how EU law has affected domestic policy on education, healthcare, labour law, and social security law In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU. Readership: Academics, students, and judges in the fields of EU law, European integration, international law, democracy, and justice.