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Record W2252843041 · doi:10.54648/erpl2014058

The CJEU on Trial: Economic Mobility and Social Justice

2014· article· en· W2252843041 on OpenAlexaboutno aff
Adam McCann

Bibliographic record

VenueEuropean Review of Private Law/Revue européenne de droit privé/Europäische Zeitschrift für Privatrecht · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Law Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLaw and economicsDignitySocial rightsEconomic JusticeWelfare statePolitical sciencePremiseEuropean unionEconomicsSociologyLawHuman rightsPolitics

Abstract

fetched live from OpenAlex

Abstract: This article focuses on the re-regulatory nature of certain European economic freedoms and the subsequent effects on social justice. It examines contentious judgements delivered by the Court of Justice of the European Union (CJEU), wherein private economic arrangements and mobility affect core public goods (namely health care and education) and certain specified fundamental rights (such as the protection of human dignity, the right to family life, and the right to strike). The general critique that cross-border market transactions represent a de facto clash between solely private 'economic' interests and public 'social' considerations is rejected. Such a dichotomy is readily manipulated to evidence the CJEU's preference for a neo-liberal private law society - whereby core socializing characteristics of the welfare state are undermined to ensure market competition. This reinforces the biased rhetoric of a 'common interest' and fails to understand the raison d'etre behind the economic mobility provisions. Critical analysis requires a more holistic premise advanced by Kukovec, through which the question of a just balance is actually between individual 'freedoms' and 'limitations'. With this more balanced nuance, the compatibility of the controversial decisions with Böhm's ordo-liberal private law society may be observed - whereby market actors are afforded proportionate protection from both state actor interference (e.g., Elchinov, Watts, and Baumbast) and powerful non-state actor interference (e.g., Laval and Viking). This article does not promote the argument that all judgments by the CJEU in this regard are explicitly well motivated. The contrary may be said regarding a number of - now infamous - politically sensitive cases. Such methodological failure has contributed to fears of a neo-liberal driven union. However, and this is the crux of the matter, this does not mean that the substantive outcomes support these fears.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.061
metaresearch head score (Gemma)0.103
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.061
Threshold uncertainty score0.325

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0610.103
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0010.002
Science and technology studies0.0150.050
Scholarly communication0.0230.013
Open science0.0030.015
Research integrity0.0400.027
Insufficient payload (model declined to judge)0.0080.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.026
GPT teacher head0.308
Teacher spread0.282 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2014
Admission routes1
Has abstractyes

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