@misc{Joerges, author = {Joerges, Christian}, title = {Die Bremer Juristenausbildung, der deutsche Nationalstaat und der Gang nach Europa: Geschick, Missgeschick, Aufgabe.}, pages = {11}, language = {de} } @inproceedings{Joerges, author = {Joerges, Christian}, title = {Emergency Governance through the Legalization of Technocratic Rule and the Idea of a Treaty on the Democratization of the Governance of the EURO AreaEmergency Governance through the Legalization of Technocratic Rule and the Idea of a Treaty on the Democratization of the Governance of the EURO Area}, language = {en} } @article{Joerges2013, author = {Joerges, Christian}, title = {Ernstnehmen des Anderen. Und zwar als Rechtsgebot! Darum geht es in Europa}, series = {Verfassungsblog : on matters constitutional}, journal = {Verfassungsblog : on matters constitutional}, editor = {Steinbeis, Maximilian}, address = {Berlin}, year = {2013}, language = {de} } @incollection{Joerges, author = {Joerges, Christian}, title = {Europe after Ordoliberalism: A Philippic}, series = {The Birth of Austerity. German Ordoliberalism and Contemporary Neoliberalism}, booktitle = {The Birth of Austerity. German Ordoliberalism and Contemporary Neoliberalism}, editor = {Biebricher, Thomas and Vogelmann, Frieder}, publisher = {Rowman \& Littlefield International}, isbn = {9781786601100, 9781786601117, 9781786601124}, language = {en} } @article{JoergesKreuderSonnen2017, author = {Joerges, Christian and Kreuder-Sonnen, Christian}, title = {Europe and European Studies in Crisis: Inter-Disciplinary and Intra-Disciplinary Schisms in Legal and Political Science}, series = {European Law Journal}, volume = {23}, journal = {European Law Journal}, publisher = {John Wiley \& Sons Ltd}, issn = {1468-0386}, doi = {10.1111/eulj.12225}, year = {2017}, abstract = {European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi-authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post-democratic and extra-constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis-ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.}, language = {en} } @article{Joerges2016, author = {Joerges, Christian}, title = {Europe unwell, yet alive}, year = {2016}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {European Democracy and Conflicts-Law Constitutionalism: Affinities, Differences, Concerns}, publisher = {NYU School of Law}, address = {New York}, pages = {5}, language = {en} } @article{JoergesKreuderSonnen, author = {Joerges, Christian and Kreuder-Sonnen, Christian}, title = {European Studies and the European Crisis: Legal and Political Science between Critique and Complacency}, series = {European Law Journal}, volume = {23}, journal = {European Law Journal}, number = {1-2}, doi = {10.1111/eulj.12225}, pages = {118 -- 139}, abstract = {European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi-authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post-democratic and extra-constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis-ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.}, language = {en} } @incollection{JoergesGlinski, author = {Joerges, Christian and Glinski, Carola}, title = {European unity in diversity?!: A conflicts-law re-construction of controversial current developments}, series = {Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz}, booktitle = {Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz}, publisher = {Springer}, address = {Berlin [u.a.]}, isbn = {978-3-319-04902-1}, pages = {285 -- 314}, abstract = {The EU has come a long way since its foundation as the European Economic Community in 1957. Starting out as a purely economic union, the integration process has progressively entered into areas of political, social and cultural concern for the Member States. Meanwhile, the institutionalised 'logic of the market' and related harmonisation increasingly lead to tensions not only with varying socio-economic and legal systems, but also with different political and cultural perceptions. 'Conflicts-law constitutionalism' aims at developing new awareness for Europe's conflict constellations and their (re-)interpretation with respect to socio-economic diversity, the social embeddedness of markets and the different regulatory cultures in the Member States. Therefore, it does not only serve for critical re-construction of the integration process but also aims at a 'third way' between the defence of the nation state and a quasi-federalist streamlining of Europe`s diversity. This is illustrated with five prominent and topical conflicts where market interests interfere with political, social and cultural preferences: the legendary Cassis de Dijon case, the labour law cases of Viking and Laval, the fully harmonised unfair commercial practices law, the promotion of renewable energies and the regulation of genetically-modified organisms. (Verlagsangabe)}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {Europe's Economic Constitution in Crisis and the Emergence of a new Constitutional Constellation}, series = {German Law Journal}, volume = {15}, journal = {German Law Journal}, number = {5}, issn = {1566-6573}, doi = {10.2139/ssrn.2179595}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-5740}, pages = {985 -- 1027}, abstract = {The European Union rides through troubled waters. Its original reliance on law as the object and agent of the integration project and on the "economic constitution," which the Economic and Monetary Union (EMU)—as accomplished by the Treaty of Maastricht—expected to complete, have proven unsustainable. Following the financial and sovereign debt crises, individuals perceive the EMU, with its commitments to price stability and monetary politics, as a failed construction precisely because of its reliance on inflexible rules. The European crisis management seeks to compensate for these failures by means of regulatory machinery which disregards the European order of competences, takes power from national institutions, and burdens—in particular—Southern Europe with austerity measures; it establishes pan-European commitments to budgetary discipline and macroeconomic balancing. This abolishes the ideal of a legal ordering of the European economy, while the economic and social prospects of these efforts appear gloomy and the Union's political legitimacy becomes precarious. A fictitious debate between Carl Schmitt and J{\"u}rgen Habermas addresses the present critical constellation, where a number of Schmittian notions seem alarmingly realistic. This essay pleads for a more modest Europe committing itself to "unity in diversity," the motto of the ill-fated Constitutional Treaty of 2003.}, language = {en} }