The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice.
The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.
The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Dimitry Kochenov, Grainne de Burca and Andrew Williams are respectively Professor of EU Constitutional Law at Groningen Faculty of Law, Florence Ellinwood Professor of Law at NYU Law School and Professor at Warwick School of Law.
Foreword Preface Table of cases The list of contributors Introduction 1. Introduction: Europe's Justice Deficit: The editors Part I The Many Faces of Justice in the EU 2. Justice and Justification: Neil Walker 3. No Need to Be Afraid of Justice. Democracy and Justification in the EU: Jurgen Neyer 4. Disproportionate Individualism: Stavros Tsakyrakis 5. Problems with Justice in the European Union: Andrew Williams 6. The Preoccupation with Rights and the Embrace of Inclusion: A Critique: Alexander Somek 7. A Reply to Somek: Andrew Williams 8. The EU as a Justice Enabling Institution: A Sen-Inspired Vision: Dimitry Kochenov 9. The 'Justice Deficit' Debate in EU Private Law: Daniela Caruso Part II Justice and Institutions 10. The Role of Institutional Justice as a Check of Empirical Anarchy: Suryapratim Roy 11. The Expressive Deficit of EU Law: Gareth Davies 12. Institutional Responsiveness in the EU: Vlad Perju 13. Liberal Constitutionalism, the European Social Market, and the 'Importance of Background Justice': Oliver Gerstenberg 14. Justice Deficit and Legality Review of EU Acts: Dorota Leczykiewicz Part III Social Justice an1. Europe's Justice Deficit Introduced Dimitry Kochenov and Andrew Williams Part One 2. The Ought of Justice Dimitry Kochenov 3. The Problem(s) of Justice in the European Union Andrew Williams 4. Justice, Injustice and the Rule of Law in the EU Sionaidh Douglas-Scott 5. The Question of Standards for the EU: From `Democratic Deficit' to `Justice Deficit?' Oliver Gerstenberg 6. Justice as Europe's Signifier Suryapratim Roy 7. `Constitutional Justice' and Judicial Review of EU Legislative Acts Dorota Leczykiewicz Part Two 8. Politicising Europe's Justice Deficit: Some Preliminaries Michael A Wilkinson 9. Whose Justice? Which Europe? Agustin Jose Menendez 10. We the People: EU Justice as Politics Daniel Augenstein 11. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis Danny Nicol 12. Is Transnational Citizenship (Still) Enough? Justine Lacroix Part Three 13. The Evolving Idea of Political Justice in the EU: From Substantive Deficits to the Systemic Contingency of European Society Jir?i Pr?iban? 14. Justice and the Right to Justification: Conceptual Reflections Jurgen Neyer 15. Justice, Democracy and the Right to Justification: Reflections on Jurgen Neyer's Normative Theory of the European Union Rainer Forst 16. Disproportionate Individualism Stavros Tsakyrakis 17. Justice in and of the European Union Neil Walker 18. Social Legitimacy and Purposive Power: The End, the Means and the Consent of the People Gareth Davies Part Four 19. Social Justice in the European Union: The Puzzles of Solidarity, Reciprocity and Choice Juri Viehoff and Kalypso Nikolaidis 20. The Preoccupation with Rights and the Embrace of Inclusion: A Critique Alexander Somek 21. A Reply to Somek Andrew Williams 22. Taking Change Seriously: The Rhetoric of Justice and the Reproduction of the Status Quo Damjan Kukovec 23. Victimhood and Vulnerability as Sources of Justice Andras Sajo 24. Conceptions of Justice From Below: Distributive Justice as a Means to Address Local Conflicts in European Law and Policy Fernanda G Nicola 25. Qu'ils mangent des contrats : Rethinking Justice in EU Contract Law Daniela Caruso Part Five 26. Just Fatherlands? The Shoah in the Jurisprudence of Strasbourg Carole Lyons 27. An Idea of Ecological Justice in the EU Jane Holder 28. Freedom of Expression and Spatial (Imaginations of) Justice Antonia Layard 29. The Just World Dimitry Kochenov 30. Conclusion Grainne de Burcad Solidarity in Europe 15. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis: Danny Nicol 16. Markets, Demoi, and Social Justice: Reflections on the Crisis of the European Union: Mike Wilkinson 17. The Choice for Sustainable Solidarity in Europe: Kalypso Nicolaidis and Juri Viehoff 18. National and Transnational Justice Claims: Floris de Witte 19. Double Life of the European Union: The EU's Human Rights Duties and Responsibilities for Human Rights: Samantha Besson Part IV Justice, Movement and Space 20. Spatial Justice in the EU: Antonia Layard 21. Justice from Below: Tackling the Local Inequalities in the EU: Fernanda Nicola 22. Taking Change Seriously - The Discourse of Justice and the Reproduction of the Status Quo: Damjan Kukovec 23. A Short Enquiry Concerning Political Justice in Europe and Its Influence on Democracy and Fairness: Agustin Menendez Part V Justice and the Political 24. In the Name of the People: EU Justice as Politics: Daniel Augenstein 25. Political Justice for an Ever Closer Union of European Peoples: Richard Bellamy 26. Contingency of Political Justice and Depoliticized Governance in the EU: Jiri Priban 27. Is a Transnational Citizenship (Still) Enough?: Justine Lacroix 28. Justice, the Public Square and Differentiated Citizenship in the EU: Dora Kostakopoulou Part VI Generational Justice in Europe 29. Vulnerability and Victimhood as Grounds for Reparative Justice Distributive in Nature: Andras Sajo 30. Just Fatherlands? The Shoah Legacy in Strasbourg Jurisprudence: Carole Lyons 31. Negotiating Nature and Ecological Justice in the EU: Jane Holder 32. Two Visions of Justice in the EU: Sionaidh Douglas-Scott Conclusion 33. Conclusion: Reclaiming the Importance of Justice: The editors