The Problem of Justice in the EU: Values, Pluralism and Critical Legal Justice
Philosophical Foundations of European Union Law (eds) J Dickson and P Eleftheriadis (Oxford University Press: 2012)
45 Pages Posted: 26 Jun 2014
Date Written: January 1, 2012
Achieving justice in the EU is problematic. The many differences between Member State legal systems, and their varied attitudes towards, for example, redistribution of wealth, render an overarching concept of justice for the EU seemingly unattainable. Indeed, the complex, pluralist landscape of EU law and governance, with its fragmented lines of authority and near invisible accountabilities, seems to render injustice all the more likely. Further, it might seem that the concept of justice itself is pluralist, capable of many understandings and interpretations. How is justice achievable, given this complexity? Yet EU law must seek to promote justice – what would we say of a legal system that did not seek to do so? In this chapter, I argue for justice as a value to be promoted by the EU. In order to aid its realisation, I argue for the recasting and reimagining of the rule of law as Critical Legal Justice - a vibrant concept of justice able to span the Byzantine complexities of the EU.
Keywords: EU, justice, values, human rights, rule of law, pluralism, political philosophy
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