This book is concerned with the social legitimacy of internal market law. What does social legitimacy entail within the multi-level `embedded liberalism' construction of the internal market? How can the objectives of the internal market that focus on economic rights and a commitment to social diversity both be pursued without one necessarily trumping the other? These questions continue to challenge the very core of European integration. How can the diversity of Member States' `social systems' and the varying normative infrastructure of their economies be sustainably accommodated within the internal market? This book seeks to contribute to these questions by discussing what has come to be known as the argument from transnational effects and the development of an adjudicative model for the European Court of Justice that can be termed `socially responsive'. Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states. The book presents in-depth studies of the case law of the Court in the areas of EU free movement, competition and state aid law. In so doing, this important new study aims to provide the language and tools for assessing social legitimacy in the internal market.
Jotte Mulder is an Assistant Professor at the Europa Institute, at the University of Utrecht.
I. Background II. The Argument III. Approach IV. Outlook and Contribution 1. Social Legitimacy, the Social Sphere and Embeddedness within the Internal Market I. The Normative Framework of Social Legitimacy II. The Social Sphere within the Internal Market III. The Instructive Value of Embeddedness IV. Transnational Effects and the Legitimacy of the Social Deficit V. Social Legitimacy in the Context of Internal Market Adjudication VI. Outlook 2. Social Legitimacy in EU Free Movement Law I. Introduction II. Valuation, Indeterminacy and Incommensurability in Free Movement Adjudication III. The Proportionality Analysis of the Court IV. A Dialogue of Mutual Responsiveness V. Conclusion 3. Social Legitimacy in EU Competition Law I. Introduction II. Valuation, Indeterminacy and Incommensurability in EU Competition Law III. Responsiveness in the Case Law of the Court IV. A Dialogue of Mutual Responsiveness V. Conclusion 4. Social Legitimacy in EU State Aid Law I. Introduction II. Valuation, Indeterminacy and Incommensurability in State Aid Law III. Responsiveness in the Case Law of the Court IV. A Dialogue of Mutual Responsiveness V. Conclusion 5. Conclusion: Social Legitimacy in the Internal Market on the Basis of a Dialogue of Mutual Responsiveness I. The Argument as a Whole: Normative Claims and Results II. Social Legitimacy in the Internal Market: Free Movement, Competition and State Aid III. Some Final Remarks