Chapter

The Price of Letting Courts Value Solidarity: The Judicial Role in Liberalizing Welfare

Gareth Davies

in Promoting Solidarity in the European Union

Published in print June 2010 | ISBN: 9780199583188
Published online September 2010 | e-ISBN: 9780191594502 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199583188.003.0005
The Price of Letting Courts Value Solidarity: The Judicial Role in Liberalizing Welfare

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This chapter targets the Court of Justice, claiming that its approach to restrictions on market freedoms and competition demonstrates only that ‘solidarity is the blanket under which ... furtive communitarianism takes place’. Liberalizing formerly public services threatens solidarity and national finances less than it threatens subtle communitarian values embodied in shared institutions.

Keywords: European solidarity; EU; welfare states; Court of Justice; competition; communitarianism

Chapter.  8334 words. 

Subjects: Constitutional and Administrative Law

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