Download or read book Social Legitimacy in the Internal Market written by Jotte Mulder and published by . This book was released on 2016 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social legitimacy is conventionally conceived to encompass an empirical notion based on the idea that, lacking societal acceptance, a (political or legal) regime will eventually disintegrate. This concern is reflected in the original compromise of 'embedded liberalism', which stands at the basis of the internal market of the European Union. The primary law set up of the internal market, indeed, shares the idea that the benefits of a joint commitment to free trade can only be achieved in a sustainable way if combined with an acknowledgement of domestic societal objectives within the same frameworks. Nevertheless, social legitimacy will eventually depend on the institutional design and structural rationales that embed societal values within such regimes and vice versa. This perspective is further developed, normatively, on the basis of the work of Karl Polanyi and adopted to critically assess the structural rationales that are developed within internal market adjudication, which the thesis approaches as a separate field of social ordering within the European Union. Thus, social legitimacy is developed as a requirement that perceives the legitimacy of internal market law on the basis of the extent to which it can respond and integrate social practice and values. On this point the thesis finds that the internal market lacks a sufficiently developed rationale or "common language" that is able to address the normative concerns of social legitimacy. Societal realities are often valued within a metric that risks doing violence to potentially genuine and worthwhile aspects of Member States' 'social spheres'. The thesis develops that the normative claims of social legitimacy are best addressed on the basis of a rationale of mutual responsiveness, which is considered a necessary but underdeveloped element of the constitutional form and social purpose of the internal market that is implicit in the constitutional theory of transnational effects. From a perspective of mutual responsiveness, the social purpose of the internal market is not to condition choices that necessarily require the market to trump the social sphere - or the opposite- to allow the social to necessarily trump the market. Mutual responsiveness advances a more holistic approach that conceives the market and the social, literally, as 'communicating vessels'. The normative concerns of social legitimacy and the potential of mutual responsiveness to address these normative claims are the central and connecting elements throughout the thesis.
Download or read book Social Legitimacy in the Internal Market written by Jotte Mulder and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The EU Internal Market in Comparative Perspective written by Dominik Hanf and published by Peter Lang. This book was released on 2008 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's internal market is the «hard core» of integration and by far its most precious asset. However a number of deep-seated factors have impeded the development of a systematic and wide-ranging academic research programme dedicated to the internal market. The purpose of this book is to begin to address this predicament with a tri-disciplinary analysis of the internal market, as scant opportunities for mutual understanding and learning across disciplines (law, economics and politics) currently exist. Internal market scholars from all three disciplines collaborated on this project, in which each chapter was read and critiqued by a scholar from a different discipline. The editors trust that this unique exercise reveals to many readers the enormous potential for in-depth and continuous analysis of the internal market and all that it entails. It also provides an accessible text for students and scholars from all three disciplines interested in the internal market.
Download or read book Towards More Resilience for a Social EU The Constitutionally Conditioned Internal Market written by Dagmar Schiek and published by . This book was released on 2018 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is part of a larger legal-constitutional project aiming to close the gap between the EU's normative commitments to socio-economic justice and the practical workings of its economic integration project. It focuses on the Internal Market, and the changes required in the CJEU's case law if the EU is to achieve an EU level social dimension as an intrinsic element of its Internal Market. It argues that the Charter of Fundamental Rights for the European Union commits the EU to a constitutionally conditioned Internal Market, because it curbs property rights and entrepreneurial freedom specifically in order to safeguard social rights guarantees. The concept is then applied to devise an alternative judicial answer to cases such as Laval, Viking and AGET Iraklis. In doing so it demonstrates that it is possible to reinstate socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels.Gap between the EU's normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union - Charter normatively commits EU to a constitutionally conditioned Internal Market - Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees - Constructive response to legitimacy dilemmas emerging from cases such as Laval , Viking and AGET Iraklis - Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels.
Download or read book Legitimacy and the European Union written by Thomas F. Banchoff and published by Psychology Press. This book was released on 1999 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Maastricht ratification debate of the early 1990s, the legitimacy of the European Union has become a subject of controversy. With unprecedented force, Europeans have begun to question the need for deeper integration. Some fear threats to established national identities, while others perceive the emergence of a distant but powerful Brussels, beyond the reach of democratic control. Legitimacy and the European Union breaks with established approaches to the problem of the legitimacy of the European Union by focusing on the recent trend towards reconceptualization of the EU not as a superstate or an organization of states, but as a multi-level, contested polity without precedent. The book examines the implications of this reconceptualization for the problem of legitimacy. Individual chapters focus on policy areas, institutions and identity politics. Taken together, they reach two main conclusions. While Europeans do not strongly identify with the EU, they increasingly recognize it as a framework for politics alongside existing national and subnational structures. And while the EU lacks central democratic institutions, the integration process has spawned significant informal and pluralist forms of representation. Rethinking recognition and representation ouside the context of the nation state points to important, if little understood, actual and potential sources of EU legitimacy.
Download or read book The Internal Market Ideal written by and published by Oxford University Press. This book was released on 2024-02-15 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Download or read book Encyclopedia of Corporate Social Responsibility written by Samuel O. Idowu and published by Springer. This book was released on 2013-01-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of Corporate Social Responsibility in the business world has developed from a fig leaf marketing front into an important aspect of corporate behavior over the past several years. Sustainable strategies are valued, desired and deployed more and more by relevant players in many industries all over the world. Both research and corporate practice therefore see CSR as a guiding principle for business success. The “Encyclopedia of Corporate Social Responsibility” has been conceived to assist researchers and practitioners to align business and societal objectives. All actors in the field will find reliable and up to date definitions and explanations of the key terms of CSR in this authoritative and comprehensive reference work. Leading experts from the global CSR community have contributed to make the “Encyclopedia of Corporate Social Responsibility” the definitive resource for this field of research and practice.
Download or read book Judicial Authority in EU Internal Market Law written by Vilija Velyvyte and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023
Download or read book EU Law and International Arbitration written by Konstanze von Papp and published by Bloomsbury Publishing. This book was released on 2021-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the 'privatisation of justice'. The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. This is then linked to the question of trust-building in legal outcomes of the relevant regimes. The book concludes with a short summary and key theses. Combining a theoretical and normative with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike.
Download or read book The Social Sources of Financial Power written by Leonard Seabrooke and published by Cornell University Press. This book was released on 2006 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A state's financial power is built on the effect its credit, property, and tax policies have on ordinary people: this is the key message of Leonard Seabrooke's comparative historical investigation, which turns the spotlight away from elite financial actors and toward institutions that matter for the majority of citizens. Seabrooke suggests that everyday contests between social groups and the state over how the economy should work determine the legitimacy of a state's financial and fiscal system. Ideally, he believes, such contests compel a state to intervene on behalf of people below the median income level, leading the state to broaden and deepen its domestic pool of capital while increasing its influence on international finance. But to do so, Seabrooke asserts, a state must first challenge powerful interests that benefit from the concentration of financial wealth." "Seabrooke's novel constructivist approach is informed by economic sociology and the work of Max Weber. This book demonstrates how domestic legitimacy influences the character of international financial orders. It will interest all readers concerned with how best to transform state intervention in the economy for the good of the majority."--BOOK JACKET.
Download or read book Megamarketing written by Philip Kotler and published by . This book was released on 1986-01-01 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Download or read book Participation in EU Rule making written by Joana Mendes and published by OUP Oxford. This book was released on 2011-04-07 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between the citizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation. Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, in particular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation. Joanna Mendes' 2009 thesis upon which Participation in EU Rule-Making is based was awarded the the European University Institute (Florence) Mauro Cappelletti Prize for the best doctoral thesis using a methodology of comparative law
Download or read book Organizational Legitimacy written by Emilio Díez-De-Castro and published by Springer. This book was released on 2018-05-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores organizational legitimacy in business, featuring examples from a variety of industries around the world. Synthesizing the most current theoretical insights and best practices, the contributing authors examine the ways in which organizational legitimacy can be understood, its perceived influence on the market, and the relationship between organizational legitimacy and overall organizational success. The authors draw from different methodological perspectives to develop a holistic approach to organizational legitimacy that transcends the traditional concepts of corporate reputation, business ethics or corporate social responsibility. Historically, efforts to understand how organizations acquire, manage and use legitimacy have applied insights from institutional theory, resource dependence theory, organizational ecology and stakeholder theory, but the field has remained fragmented, despite the profound implications of achieving legitimacy for ensuring organizational stability, survival and sustainability through access to capital, resources and business opportunities, as well as problem solving, performance measurement and stakeholder support. Presenting case studies of successful initiatives, the book addresses: · How organizational legitimacy is defined and measured · How organizations achieve legitimacy and how they acquire resources · How different stakeholders (e.g., consumers, investors, employees) make legitimacy judgments and resource allocation decisions · Whether audiences in the same socio-cultural context arrive at shared legitimacy judgments with regard to a focal organization
Download or read book Legitimation Crisis written by Juergen Habermas and published by Beacon Press. This book was released on 1975-08-25 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.
Download or read book The Authority of EU Law written by Wolfgang Heusel and published by Springer. This book was released on 2019-07-16 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.
Download or read book The Legitimacy of the Modern Age written by Hans Blumenberg and published by MIT Press. This book was released on 1985-10-21 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this major work, Blumenberg takes issue with Karl Löwith's well-known thesis that the idea of progress is a secularized version of Christian eschatology, which promises a dramatic intervention that will consummate the history of the world from outside. Instead, Blumenberg argues, the idea of progress always implies a process at work within history, operating through an internal logic that ultimately expresses human choices and is legitimized by human self-assertion, by man's responsibility for his own fate.
