@techreport{Joerges, type = {Working Paper}, author = {Joerges, Christian}, title = {Transnational Constitutionalism - Conflicts-Law Constitutionalism - Economic Constitutionalism: The Exemplary Case of the European Union}, doi = {10.48462/opus4-5357}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-53574}, pages = {20}, abstract = {Transnational Constitutionalism is a sociological given and a legal challenge. We observe the emergence of ever more legally-framed transnational arrangements with ever more power and impact. Does this kind of rule 'deserve recognition'? Is it at all conceivable that the proprium of law can be defended against the rise of its informal competitors? This essay opts for a third way which neither listens to the siren songs on law beyond the state nor to the defences of nation-state constitutionalism as the monopolist of legitimate rule. The alternative submitted suggests that transnational legal ordering of the EU should build upon its re-conceptualisation as a 'three-dimensional conflicts-law' with a democracy-enhancing potential. This re-construction operationalises the 'united in diversity' motto of the Draft Constitutional Treaty of 2004. It preserves essential accomplishments of Europe's constitutional democracies. It provides for co-operative problem-solving of transnational regulatory tasks, and it retains supervisory powers over national and transnational arrangements of private governance.}, language = {en} }