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10 - European Integration and the Challenges of Free Movement

from Market, Society and Security

Published online by Cambridge University Press:  21 October 2023

Mathieu Segers
Affiliation:
Universiteit Maastricht, Netherlands
Steven Van Hecke
Affiliation:
Katholieke Universiteit Leuven, Belgium
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Summary

According to the economist Amartya Sen, there are at least two ‘moral’ defences of the market. The first, and most common, is instrumental: we should protect the market because of the ‘goodness of the results achieved’. The market produces goods, contributes to collective utility and increases our freedom of choice. The second, less common, defence is based on fundamental rights: the right to property and the freedom to transact prevail and are valid notwithstanding the outcome they produce. Accordingly, the market derives its procedural value from rights, which exposes this second defence to significant criticism if, in reality, these rights are exercised only by the few.

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Publisher: Cambridge University Press
Print publication year: 2023

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References

Recommended Reading

Azoulai, L.Le sujet des libertés de circuler’, in Dubout, É and Maitrot de la Motte, A (eds.), L’unité des libertés de circulation: In varietate concordia? (Brussels, Bruylant, 2013), pp. 385411.Google Scholar
Bellamy, R.The Liberty of the Moderns: Market Freedom and Democracy within the EU’, Global Constitutionalism 1, no. 1 (2012): 141–72.CrossRefGoogle Scholar
de Búrca, G.The Language of Right and European Integration’, in Shaw, J. and More, G. (eds.), The New Legal Dynamics of European Union (New York, Oxford University Press, 1996), pp. 2954.Google Scholar
Everson, , M. ‘The Legacy of the Market Citizen’, in Shaw, J. and More, G. (eds.), The New Legal Dynamics of European Union (New York, Oxford University Press, 1996), pp. 7389.Google Scholar
Schönberger, C.European Citizenship as Federal Citizenship: Some Citizenship Lessons of Comparative Federalism’, European Review of Public Law 19, no. 1 (2007), online, 21 pages.Google Scholar
Spaventa, E.From Gebhard to Carpenter: Towards a (Non-)economic European Constitution’, Common Market Law Review 41, no. 3 (2004): 743–73.CrossRefGoogle Scholar

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