Eclipse of the Constitution {Europe Nouveau Siècle}

Author (Person)
Series Title
Series Details Vol.22, No.2, March 2016, p132-156
Publication Date March 2016
ISSN 1351-5993 (Print) / 1468-0386 (Online)
Content Type

Abstract
The Court of Justice of the European Union has come to adopt a peculiar mode of balancing, revolving around a set of ‘general principles of law’, which results in key social rights at the core of the postwar constitutional settlement no longer being sheltered from review by reference to supranational economic freedoms. It is submitted that this does not only imply a kind of ideological restyling of European law, as noted in the literature but, more fundamentally, the erosion of Europe's composite constitutional architecture (at once European and national) resulting from playing down social rights qua ‘constitutional essentials’. As the new jurisprudence ‘obscures’ Europe's constitutional constellation, it is submitted that the Court should rule under the constitution and not over it.

Source Link http://dx.doi.org/10.1111/eulj.12147
Subject Categories
Countries / Regions