(with Mark Dawson) 'Constitutional Balance in the EU after the
Euro-crisis' Modern Law Review (2013) [FORTHCOMING]
'EU law, Politics, and the Social Question’ German Law
Journal (2013) 14 (5)
Moritz Hartmann & Floris de Witte, 'Ending the Honeymoon:
Constructing Europe Beyond the Market' German Law Journal (2013) 14 (5)
'Who funds the mobile student? Shedding some light on the
normative assumptions underlying EU free movement law: Commission v
Netherlands.' C.M.L. Rev. 2013, 50(1), 203-215
Comments on the European Court of Justice ruling in European Commission v Netherlands (C-542/09) on whether Dutch arrangements to pay student grants for study abroad contravened EU law because of discrimination against the children of migrant workers, who unlike Dutch national students had to comply with a residence test to qualify for a grant. Contrasts the rights of migrant workers with the more limited rights of migrants who are not economically active, and looks at proposed "homecoming" legislation that students should qualify for grants if they work in home country after graduation.
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‘The role of transnational solidarity in mediating conflicts
of justice in Europe’ (2012) 18 European Law Journal, p. 694-710.
This contribution analyses the conflicts of justice that are becoming
increasingly visible in Europe. It argues that while European Union (EU) law can
be understood as an instrument for the incorporation of the demands of justice
and the articulation of ‘the good’ beyond the nation state, it also potentially
skews the distributive criteria and assumptions of justice that underlie the
national welfare state. In light of the absence of a transnational political
system that can bound such conflicts of justice, this article suggests that the
capacity of the EU to contribute to, rather than detract from, the attainment of
justice depends on the careful articulation and institutionalisation of the
different types of transnational solidarity that exist in Europe.
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‘Bosman: een verloren voetballer en de Europese droom’, in: G.
Essers, A.P. Van der Mei and F. Van Overmeiren (eds.), Het vrije verkeer van
personen in 60 klassieke arresten (Kluwer, Den Haag, 2012).
‘National Welfare as Transnational Justice?: An Institutional
Analysis of the Normative (in)coherence of Europe’s Social Dimension’ in: J.
Rutgers (ed.), European Contract Law and the Welfare State, (Europa Law
Publishing, Groningen, 2012), p. 15-41.
‘The End of EU citizenship and Means of Non-Discrimination’
(2011) 18 Maastricht Journal of European and Comparative Law, p. 86-108
‘The European Judiciary after Lisbon’ (2008) 15 Maastricht
Journal of European and Comparative Law, p. 43 – 55.
Floris De Witte
