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The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Christian Joerges was Professor of Law and Society at the Hertie School of Governance in Berlin, and Co-Director of the Centre of European Law and Politics at the University of Bremen.Carola Glinski is a Researcher at the Collaborative Research Center 'Transformations of the State', at the University of Bremen.
Chapter 1Three Transformations of Europe and the Search for a Way Out of its Crisis Christian JoergesChapter 2Compensating for Democracy’s ‘Defects’: The Case of International Investment Law David SchneidermanTwo Comments Global Exceptionalism and the Euro Crisis: Schmittian Challenges to Conflicts-Law Constitutionalism Christian Kreuder-SonnenThe Moment of Schmittian Truth: Conceiving of the State of Exception in the Wake of the Financial Crisis Ming-Sung KuoSection 2: From Social Welfare to Economic Competitiveness through Social Austerity?Chapter 3The Struggle for Union Rights Under the Euro and the Dialectics of Social Integration Florian Rödl & Raphaël CallsenChapter 4Labour Market Governance in Wake of the Crisis: Reflections and Possibilities Kerry RittichSection 3: Political Projects and the Logic of the MarketChapter 5Of Capitalist Nostalgia and Financialisation: Shareholder Primacy in the Court of Justice Harm SchepelChapter 6External Effects and Legal Constraints of the German ‘Energiewende’: A Search for Sound Responses to European Conflict ConstellationsCarola GlinskiChapter 7Re-embedding EU Governance Fields: A Research Agenda Jotte MulderPART II: A Crisis of Europe’s Regulatory Politics: The Turn to Executive FederalismSection 1: Whither the European ‘Regulatory State’?Chapter 8Challenging Executive Dominance in European Democracy Deirdre CurtinChapter 9A Technocracy of Governing: Power Without the State; Power without the Market Michelle EversonChapter 10Deliberative Supranationalism in the Euro Crisis? The European Central Bank and The European Council in Times of Conflict Henning DetersSection 2: Whither ‘Deliberative Supranationalism’?Chapter 11Comitology After Lisbon: What is Left of Comitology as We Have Praised it? Josef FalkeChapter 12Risk Regulation, GMOs, and the Challenges to Deliberation in EU Governance: Politicisation and Scientification as Co-Producing Trends Maria WeimerPart III: Deliberative Qualities of Conflict Resolution Beyond the EUChapter 13Conflict Mediation Through International Agencies: The Case of the UN Specialised Agency for Informationand Communications Technologies Olga BaturaChapter 14Professionalisation Contra Technocracy: Global Governance, Reflective Practice, and the constitutionalisation of the Transnational Sphere Martin HerbergPart IV: Contextualising Conflicts-Law ConstitutionalismChapter 15Experimenting Constitutionalism in the EU: Co-ordinating Legal Difference Through Mutual Recognition, Mutual Law and Mutual Learning Joseph CorkinChapter 16‘Conflicts Law as Europe’s Constitutional Form’ … and the Conflict of Social Norms as its Infrastructure Karl-Heinz LadeurEpilogueHow to Make it More Complicated Again? The European Constitutional Evolution between Kantian and Managerial Mindset Hauke Brunkhorst
At a time when European legal scholars are still wrestling with the theoretical and normative underpinnings of the post-crisis governance architecture, [this book] could not be more necessary.
Erik Oddvar Eriksen, Christian Joerges, Florian Rödl, Norway) Eriksen, Erik Oddvar (University of Oslo, Germany) Joerges, Christian (University of Bremen, Germany) Rodl, Florian (University of Bremen