Justice in the EU: The Emergence of Transnational Solidarity

ISBN : 9780198724346

Floris de Witte
256 ページ
169 x 240 mm
Oxford Studies in European Law

In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.


1. The Place of Justice
2. The Tiered Concept of Justice in the European Union
3. Market Solidarity
4. Communitarian Solidarity
5. Aspirational Solidarity


Floris de Witte is Assistant Professor in the Law Department of the London School of Economics and Political Science, where he also completed his PhD. His research looks at the intersection between EU law and political theory, focusing specifically on free movement law, the EU's evolution since the Euro Crisis, and the role of the individual in EU law. His research has been published in the Modern Law Review, Common Market Law Review, and European Law Journal. Floris de Witte is the founder of the research initiative Re:generation Europe, and sits on the editorial boards of the German Law Journal and the European Law Journal.