The moral limits of the internal market
A conference organised by Marija Bartl, Ulad Belavusau, Gareth Davies, Martijn Hesselink, Clemens Kaupa, Lyn Tjon Soei Len of the "European Constitutionalism" theme of ACCESS EUROPE.
Conference theme
The scope of internal market law has been and continues to be a highly contested and politically charged issue. Many legal scholars in private and public law have raised questions regarding the substantive moral limits of the internal market (e.g., which things and relations are or should be subject to its market rationality) as well as questions concerning the procedure through which those limits are set (e.g., who decides and should decide what those moral limits are). The limits of internal market law as developed in the case law and discussed in scholarship appear to have a “moral” dimension in at least two distinct regards: not only may “moral” sensibilities of Member States justify restrictions of the Treaty freedoms; “moral” considerations also lie at the heart of the criticism concerning the socio-economic orientation of the internal market. The conference on “Moral Limits of the Internal Market” aims to bring together legal scholars from different fields to discuss these issues.
Session 1: The Internal Market and Commodification
Various private and public law dimensions (contract, constitutional, administrative, criminal, etc.) around the globe appeal to (a version of) the notion of “boni mores” as a state of exception to, or minimum requirement for, the standard application of a legal regime. “Good morals” prescribes certain relations and behaviors as desirable by rejecting particular activities as incompatible with the former. Traditional examples of the latter include sexual commercial activities (e.g., prostitution and pornography), homosexuality, gambling and the abuse of alcohol. Their legal rejection takes the form of exclusion from private law regimes (e.g., contract law, family law); the exclusion from the scope of constitutional protection; criminalization and so on. This panel aims to discuss the substantive moral limits of the internal market in both private and public law and the status of “morality” in the EU’s primary treaties as a foundational value. What are and should be the substantive moral limits of the internal market? How is the content of “good morals” established and who decides and should decide on the substantive limits of the internal market?
Speakers:
- A. Bagchi (Fordham University)
- U. Belavusau (VU University Amsterdam)
- H. Collins (University of Oxford)
- L. Miller (University College London)
- L. Tjon Soei Len (University of Amsterdam)
Session 2: Democracy and the Moral Limits of Functionalism
The European Economic Community emerged as a functional entity, aimed at bringing and maintaining peace among Europeans through a prosperous common market. The consequences of this institutional choice are still felt today: the steadily growing internal market has remained the dominant EU programme and its influence extends, arguably, both in horizontal (among different fields of policy making) and vertical (between the EU and the MS) direction. This panel aims to discuss the normative implications of creating the EU as a purposive entity and the internal market as a moral concept. What is the impact of the EU’s internal market agenda on democracy, social justice or non-market values in the EU? And in particular as it pertains to this conference: who decides and should decide what the moral limits of the internal market are?
Speakers:
- M. Bartl ( University of Amsterdam)
- M. Dani (University of Trento)
- C. Kaupa (VU University Amsterdam)
- H. Schepel (University of Kent)
- J. Snell (University of Turku)
Attendance is free of charge but subject to registration.
Organizational issues
Conference organizers: Marija Bartl, Ulad Belavusau, Gareth Davies, Martijn Hesselink, Clemens Kaupa, Lyn Tjon Soei Len.
For any questions that might arise please contact Lyn Tjon Soei Len atL.K.L.TjonSoeiLen@uva.nl or Clemens Kaupa at c.kaupa@vu.nl.
Please consult this page for conference updates
Venue
Het Bethaniënklooster
Barndesteeg 6
1012 BV AMSTERDAM
How to get there
By public transport
From Central Station take the metro to Nieuwmarkt. After crossing over the Nieuwmarkt - at your right hand restaurant De Waag - you walk right away into the Barndesteeg.
By car
It is very difficult to find a parking space near the Bethaniënklooster. One of the closest parkings are:
- Parking Bijenkorf, Beursplein 15, 1012 JW Amsterdam
- Parking Stopera, Valkenburgerstraat 238, 1011 ND Amsterdam
Arrival at Schiphol Airport
From Schiphol airport, trains leave every few minutes to Amsterdam Central Station. The journey takes about 20 minutes. Tickets are sold in the airport’s central hall, either at vending machines or at the counter of the NS (Dutch Railways) at EUR 3.90.
Tickets public transport Amsterdam
Disposable chipcards valid for 1 hour (EUR 2.70), 24 hours (EUR 7.50) or 48 hours (EUR 12.00) after check-in are sold at the GVB Tickets & Info office in front of Central Station or at ticket machines in the metro stations. The 1-hour card can also be bought on board of trams and busses (not in the Metro).