Transnational Solidarity and the Mediation of Conflicts of Justice in Europe

17 Pages Posted: 9 Aug 2012

See all articles by Floris de Witte

Floris de Witte

London School of Economics - Law Department

Date Written: September 2012

Abstract

This contribution analyses the conflicts of justice that are becoming increasingly visible in Europe. It argues that while European Union (EU) law can be understood as an instrument for the incorporation of the demands of justice and the articulation of ‘the good’ beyond the nation state, it also potentially skews the distributive criteria and assumptions of justice that underlie the national welfare state. In light of the absence of a transnational political system that can bound such conflicts of justice, this article suggests that the capacity of the EU to contribute to, rather than detract from, the attainment of justice depends on the careful articulation and institutionalisation of the different types of transnational solidarity that exist in Europe.

Suggested Citation

de Witte, Floris, Transnational Solidarity and the Mediation of Conflicts of Justice in Europe (September 2012). European Law Journal, Vol. 18, Issue 5, pp. 694-710, 2012. Available at SSRN: https://ssrn.com/abstract=2126998 or http://dx.doi.org/10.1111/j.1468-0386.2012.00624.x

Floris De Witte (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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