Form and Substance in European Constitutional Law: The ‘Social’ Character of Indirect Effect |
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| Authors: | Leone Niglia |
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| Institution: | 1. Centre for European Legal Studies;2. Director of the Centre for European Legal Studies and Associate Professor of European Law/Reader, School of Law, University of Exeter, UK;3. Jean Monnet Fellow, University of Michigan, School of Law. I acknowledge support from the Carnegie Trust for the Universities of Scotland and the University of Michigan, School of Law. Thanks to Eric Stein (Ann Arbor, University of Michigan) for comments on a previous draft;4. and to two anonymous referees. |
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| Abstract: | This article proposes to understand the constitutional discourse about individuals, rights and enforcement, as developed in the courtrooms, in relation to historic and contextual circumstances. It focuses on the interface between indirect effect and social policy, and argues that the creation of indirect effect has been integral to a judicial strategy centred on the key concern for sustaining the balance between market freedom and interventionism as achieved in the political process. |
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