Human Rights as a Basis for Justice in the European Union
Transnational Legal Theory (2017)
18 Pages Posted: 19 Jan 2019
Date Written: November 10, 2017
Justice is a contested concept. A more graspable understanding of it requires the context of ‘injustice’. As such, a main theme of this paper is the disjunction between, on the one hand, strong reactions to injustice and a desire for some effective dimension to the EU, some normative adhesive that might bind the EU as an ethical entity; and on the other, the very great difficulty in identifying an enforceable concept of justice in an EU that continues to be driven by a market mentality. This paper also argues that it is the very sui generis, supranational status of the EU that creates particular obstacles to the realisation of a shared sense of justice. Due to this structural limitation, it is argued that any agreed concept of justice will remain minimalist. However, human rights remain a powerful symbolic and actual force for justice and a better focus for its achievement.
Keywords: Human Rights, EU, Justice, ECJ, Rule of Law, Injustice
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