@incollection{Joerges, author = {Joerges, Christian}, title = {Between Constitutional Command and Technocratic Rule: Post Crisis Governance and the Treaty on Stability, Coordination and Governance ("The Fiscal Compact")}, series = {Research Handbook on EU Administrative Law}, booktitle = {Research Handbook on EU Administrative Law}, editor = {Harlow, Carol and Leino, P{\"a}ivi and Cananea, Giacinto della}, publisher = {Edward Elgar}, address = {Cheltenham}, isbn = {978 1 78471 067 5}, pages = {161 -- 187}, language = {en} } @misc{JoergesChalmersJachtenfuchs, author = {Joerges, Christian and Chalmers, Damian and Jachtenfuchs, Markus}, title = {The End of the Eurocrats' Dream: Adjusting to European Diversity}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {978-1-107-10718-2}, pages = {X, 353}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {Pereat iustitia et fiat mundus? Die Krise des Rechts in der Krise Europas}, series = {Merkur. Deutsche Zeitschrift f{\"u}r europ{\"a}isches Denken}, volume = {70}, journal = {Merkur. Deutsche Zeitschrift f{\"u}r europ{\"a}isches Denken}, number = {803}, publisher = {Klett-Cotta}, address = {Stuttgart}, issn = {0026-0096}, pages = {17 -- 31}, language = {de} } @incollection{JoergesBohnenberger, author = {Joerges, Christian and Bohnenberger, Fabian}, title = {A Conflicts-law Response to the Precarious Legitimacy of Transnational Trade Governance}, series = {Research Handbook on The Sociology of International Law}, booktitle = {Research Handbook on The Sociology of International Law}, editor = {Hirsch, Moshe and Lang, Andrew}, publisher = {Edward Elgar}, address = {Cheltenham}, isbn = {9781783474486}, abstract = {This paper discusses the fundamental tensions between economic globalisation and democratic politics in the field of international trade. New bilateral and regional trade agreements increasingly incorporate other "trade-related" policy areas and threaten to constrain state action and democratic politics. The move towards deeper and more comprehensive trade deals has greatly accentuated grievances and is of exemplary importance in the realms of transnational governance. This article examines the decoupling of these agreements from national and democratic control and the resulting legitimacy impasses of transnational governance based upon the theoretical frameworks of Karl Polanyi and Dani Rodrik. Arguing that politics is not a mistake that gets in the way of markets, we submit our own conceptualisation of transnational legitimacy. In doing so, we suggest a new type of conflicts law which does not seek to overcome socio-economic and political diversity by some substantive transnational regime, but responds to diversity with procedural safeguards, thus ensuring space for co-operative problem-solving and the search for fair compromises.}, language = {en} } @incollection{Joerges, author = {Joerges, Christian}, title = {Social justice in an ever more diverse Union}, series = {A European Social Union after the Crisis}, booktitle = {A European Social Union after the Crisis}, editor = {Vandenbroucke, Frank and Barnard, Catherine and De Baere, Geert}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781108235174}, pages = {68 -- 91}, language = {en} } @article{JoergesHien, author = {Joerges, Christian and Hien, Josef}, title = {Dead Man Walking? Das aktuelle europ{\"a}ische Interesse an der ordoliberalen Tradition}, series = {Leviathan. Zeitschrift f{\"u}r Sozialwissenschaft}, volume = {45}, journal = {Leviathan. Zeitschrift f{\"u}r Sozialwissenschaft}, number = {4}, pages = {459 -- 493}, 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{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} } @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{Joerges, author = {Joerges, Christian}, title = {Si tacuisses, philosopus mansisses: Why the OMT Controversy is Undecidable}, series = {Ordines}, journal = {Ordines}, edition = {2}, issn = {2421-0730}, abstract = {In this article, the controversy between the European Court of Justice and the German Federal Constitutional Court over the Outright Monetary Transactions (OMT) Programme remains in the background. Rather than summarising and evaluating all this, the Author focuses his attention on a defence of the message in the title. Firstly, he starts with the ruling of the German Court of January 2014, which, as is well known, is the "first reference ever". In this the Author focuses his attention on the two dissenting opinions by judges L{\"u}bbe-Wolff and Gerhardt. Then, the analysis focuses mainly on to the exercise of discretion by the ECB and the role of the judiciary. Thereafter, the Author examines the responses to these developments in various branches of European studies and concludes with an explanation of title.}, language = {en} }