Form and Substance in European Constitutional Law: The ‘Social’ Character of Indirect Effect

Abstract

AbstractThis article proposes to understand the constitutional discourse about individuals, rights and enforcement, as developed in the courtrooms, in relation to historic and contextual circumstances. It focuses on the interface between indirect effect and social policy, and argues that the creation of indirect effect has been integral to a judicial strategy centred on the key concern for sustaining the balance between market freedom and interventionism as achieved in the political process.