@misc{JoergesGlinski, author = {Joerges, Christian and Glinski, Carola}, title = {The European Crisis and the Transformation of Transnational Governance}, publisher = {Hart}, address = {Oxford [u.a.]}, isbn = {9781849466325}, pages = {405}, abstract = {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 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 probl{\´e}matique 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.}, 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} }