‘Adjudicating in the Shadow of the Informal Settlement?’: The Court of Justice of the European Union, ‘New Governance’ and Social Welfare

Hervey maps relationships between two different types of methods that are currently employed to solve the problem of social Europe. These methods are: formal legal processes, in particular, adjudication before the Court of Justice of the European Union; and processes, including collective bargaining and what are widely known as new governance approaches,3 that are technically informal, but nevertheless include normative dimensions. The papers aim is twofold. Its primary aim is to explore the various relationships between adjudication and informal settlements, through constructing an analytical typology of candidate relationships. The paper also considers the relative merits of some possible candidate relationships between adjudication and informal settlements. In the conclusions, I begin to outline a defence of the position that the two methods ought to be in a mutually supportive relationship of hybridity and transformation.