de Witte, Floris 
ORCID: 0000-0001-8068-7110
(2024)
The judicial politics of solidarity.
In: Dawson, Mark, de Witte, Bruno and Muir, Elise, (eds.)
Revisiting Judicial Politics in the European Union.
Edward Elgar, Cheltenham, UK, 77 - 99.
ISBN 9781035313501
Abstract
This chapter looks at the changing logic and rhetoric of the Court in justifying cross-border solidaristic commitments in the EU. It tries to understand the way in which the Court legitimises its decisions in this area, not in terms of legal theory or hermeneutics, but focusing on the assumptions and assertions underpinning the reasoning of the Court. In recent years, the Court has started to make solidaristic demands as they serve to facilitate free movement. This functional language, however, masks the emergence of a new foundation for those demands of solidarity: that of fundamental rights. This change- justifying sharing commitments across borders on the basis of respect for fundamental rights rather than transnational equality that was at the core of previous case law- suggests a move away from communitarian sentiments and constitutes a problematic attempt at engaging with the controversy over welfare tourism.
| Item Type: | Book Section |
|---|---|
| Official URL: | https://doi.org/10.4337/9781035313518 |
| Additional Information: | © 2024 The Editors |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 24 May 2024 15:24 |
| Last Modified: | 17 Nov 2024 01:06 |
| URI: | http://eprints.lse.ac.uk/id/eprint/123644 |
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