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The Rechtsstaat And Social Europe: How A Classical Tension Resurfaces In The European Integration Process

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Chapter Summary

This chapter focuses on just one dimension of the rule of law problématique, namely, its unsettled relationship with the welfare state. European integration was an explicit reaction to the disaster which, in particular, Germany's National Socialism had caused in Europe. The perceived dismantling of welfare state accomplishments was of decisive importance in France, and remained important in the later campaigns. This importance was not a comforting experience for the proponents of a European social model. The century old tensions between the rule of law and the Sozialstaatlichkeit have apparently come to the fore and they seem to exhibit a kind of destructive potential that has characterised their history. The chapter reconstructs institutional locus of "the social" in the various stages of the integration project. Contemporary theories of legal integration had to conceptualise the European Community as it was institutionalised. One of them was Germany's ordo-liberalism.

Keywords: European integration process; European social model; European Sozialstaatlichkeit; ordo-liberalism



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