TOWARDS MORE RESILIENCE FOR A SOCIAL EU - THE CONSTITUTIONALLY CONDITIONED INTERNAL MARKET

I have published a new article in the European Constitutional Law Review (https://doi.org/10.1017/S1574019617000311 ). It is the first 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. Presently behind a paywall...