@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} } @misc{ChalmersJachtenfuchsJoerges, author = {Chalmers, Damian and Jachtenfuchs, Markus and Joerges, Christian}, title = {Adjusting to European Diversity : The End of the Eurocrats' Dream?}, publisher = {Cambridge Univ. Press.}, address = {Cambridge}, isbn = {978-1-107-10718-2}, pages = {364}, language = {en} } @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} } @incollection{JoergesEverson, author = {Joerges, Christian and Everson, Michelle}, 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 della Cananea, Giacinto}, isbn = {9781784710675}, doi = {10.4337/9781784710682}, pages = {161 -- 187}, language = {en} } @techreport{Joerges, type = {Working Paper}, author = {Joerges, Christian}, title = {Brexit and Academic Citizenship}, edition = {2016/20}, publisher = {EUI Department of Law}, address = {Florenz}, doi = {10.2139/ssrn.2871428}, pages = {55}, abstract = {This working paper collects a series of personal reflections on the outcome of the Brexit referendum. The essays do not engage with the legal and constitutional issues that arise from this event - these aspects have received comment elsewhere. Rather, the editor has solicited personal reflections from a group whose scholarly journey included the European University Institute, a hub for transforming, and integrating Europe. Aware of this privileged positions, the authors shed light on how the result of the referendum and its aftermath may impact the UK and the European Union.}, language = {en} } @incollection{Joerges, author = {Joerges, Christian}, title = {Conflicts-Law Constitutionalism : Ambitions and Problems}, series = {Reflections on the Constitutionalisation of International Economic Law}, booktitle = {Reflections on the Constitutionalisation of International Economic Law}, publisher = {Brill-Nijhoff Publ.}, address = {Leiden}, isbn = {9789004228825}, pages = {111 -- 138}, abstract = {This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of International Economic Law, International Constitutional Law/Transnational Constitutionalism, EU Law and Human Rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann´s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of International Economic Law. "Construing" the constitution of International Economic Law, in both senses of this activity, was an aim throughout Professor Petersmann´s academic career and this goal stands also at the heart of this book. (Abstract of Book)}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {De la integrarea prin drept la criza financiară: Ce a mai rămas din constituţia economică europeană?}, series = {Revista Rom{\^a}nă de Drept European (Romanian Review of European Law)}, volume = {2013}, journal = {Revista Rom{\^a}nă de Drept European (Romanian Review of European Law)}, number = {1}, publisher = {Wolters Kluwer Romania}, address = {Bukarest}, issn = {2068-8083}, pages = {23 -- 43}, abstract = {This paper will defend the 'conflicts-law approach' and develop a step further an approach to European law which I call "conflicts-law constitutionalism". The argument will proceed in three distinct steps. I will first recall very briefly the legacy of the 'integration through law' project and submit that the conflicts-law approach can be understood as an effort to rewrite and to re-conceptualise the project of Europe's 'integration trough law' (II). The main section of the paper will confront the legacy of 'integration through law' with Karl Polanyi's economic sociology and its warnings against the commod if ication of land, labour and money (III). On that basis the potential of the conflicts-law approach will be explored in three scenarios which the commod if ication of these goods have provoked (IV). The concluding part will contrast the approach with J{\"u}rgen Habermas' renewed plea for a demoaatisation of the European project on the one hand and the Großraum theory of Habermas' favourite enemy on the other (V).}, language = {mul} } @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{JoergesNeyer, author = {Joerges, Christian and Neyer, J{\"u}rgen}, title = {Deliberativer Supranationalismus in der Krise}, series = {Deliberative Kritik - Kritik der Deliberation}, booktitle = {Deliberative Kritik - Kritik der Deliberation}, publisher = {Springer VS}, address = {Wiesbaden}, isbn = {978-3-658-02859-6}, doi = {10.1007/978-3-658-02860-2_16}, pages = {353 -- 372}, abstract = {Das europ{\"a}ische Ausschusswesen gilt vielen als eine der großen Untiefen der europ{\"a}ischen Politik, die gleichzeitig eine hohe Aussagekraft f{\"u}r die Funktionsweise des Gesamtsystems hat. Joseph Weiler beschrieb es Ende der neunziger Jahre als „a new sub-atomic particle, a neutrino or a quark, affecting the entirety of molecular physics which requires an account of both the phenomenon itself and the way it impacts upon the rest of nuclear understanding" (Weiler 1999, S. 340). Und doch meinten die Autoren dieses Textes vor nunmehr {\"u}ber f{\"u}nfzehn Jahre genau hier normative Gehalte, gar den Kern der Legitimit{\"a}t europ{\"a}ischen Regierens, sehen zu k{\"o}nnen (Joerges und Neyer 1997a, 1997b).}, language = {de} } @incollection{JoergesNeyer, author = {Joerges, Christian and Neyer, J{\"u}rgen}, title = {Deliberativer Supranationalismus in der Krise}, series = {Deliberative Kritik - Kritik der Deliberation : Festschrift f{\"u}r Rainer Schmalz-Bruns}, booktitle = {Deliberative Kritik - Kritik der Deliberation : Festschrift f{\"u}r Rainer Schmalz-Bruns}, editor = {Martinsen, Franziska and Fl{\"u}gel-Martinsen, Oliver and Gaus, Daniel and Hitzel-Cassagnes, Tanja}, publisher = {Springer VS}, address = {Wiesbaden}, isbn = {978-3-658-02859-6}, pages = {353 -- 372}, language = {de} } @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} }