@incollection{Joerges, author = {Joerges, Christian}, title = {The Overburdening of Law by Ordoliberalism and the Integration Project}, series = {Ordoliberalism, Law and the Rule of Economics}, booktitle = {Ordoliberalism, Law and the Rule of Economics}, editor = {Hien, Josef}, publisher = {Hart Publishing}, isbn = {9781509919062}, pages = {179 -- 200}, language = {en} } @incollection{ChalmersJachtenfuchsJoerges, author = {Chalmers, Damian and Jachtenfuchs, Markus and Joerges, Christian}, title = {The Retransformation of Europe}, series = {The End of the Eurocrats' Dream}, booktitle = {The End of the Eurocrats' Dream}, editor = {Chalmers (et al.), Damian}, isbn = {978-1-107-10718-2}, publisher = {Hertie School}, pages = {1 -- 28}, language = {en} } @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} } @techreport{Joerges2013, type = {Working Paper}, author = {Joerges, Christian}, title = {Unity in Diversity as Europe's Vocation and Conflicts Law as Europe's Constitutional Form}, series = {LSE : Europe in Question Discussion Paper Series (No. 28)}, volume = {28}, journal = {LSE : Europe in Question Discussion Paper Series (No. 28)}, publisher = {LEQS}, address = {London}, pages = {45}, year = {2013}, abstract = {Unity in Diversity" was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty. The motto did not make it in to the Treaty of Lisbon. It deserves to be kept alive in a new constitutional perspective, namely the re-conceptualisation of European law as new type of conflicts law. The new type of conflicts law which the paper advocates is not concerned with selecting the proper legal system in cases with connections to various jurisdictions. It is instead meant to respond to the increasing interdependence of formerly more autonomous legal orders and to the democracy failure of constitutional states which result from the external effects of their laws and legal decisions on non-nationals. European has many means to compensate these shortcomings. It can derive its legitimacy from that compensatory potential without developing federal aspirations. The paper illustrates this approach with the help of a topical example, namely the conflict between European economic freedoms and national industrial relations (collective labour)law. The recent jurisprudence of the ECJ in Viking, Laval, and R{\"u}ffert in which the Court established the supremacy of the freedoms over national labour law is criticised as a counterproductive deepening of Europe's constitutional asymmetry and its social deficit. The introductory and the concluding sections generalise the perspectives of the conflicts-law approach. The introductory section takes issue with max Weber's national state. The concluding section suggests a three-dimensional differentiation of the approach which seeks to respond to the need for transnational regulation and governance.}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project}, series = {European Law Open}, journal = {European Law Open}, publisher = {Cambridge University Press (CUP)}, doi = {10.1017/elo.2025.1}, pages = {1 -- 20}, abstract = {This article pursues re-constructive and explanatory objectives which are embedded in a theoretical and normative agenda. The introduction specifies its beginnings including biographical notes. The following conceptual history of the law of the integration project distinguishes three stages in which three distinct varieties of economic constitutionalism have been pursued, which all remained defective when measured against the commitments to democracy, social justice, and the rule of law. These defects deepened in the managerial responses to the financial crisis of 2008. Throughout the article, a counter vision of conflicts-law constitutionalism is developed step by step. The final section of the article seeks a theoretical backing for this counter vision in Lisa Herzog's theory of 'democratic institutionalism'. The epilogue sketches out how the project will continue.}, language = {en} } @incollection{Joerges, author = {Joerges, Christian}, title = {Was bleibt vom Projekt der Integration Europas durch Recht?}, series = {Kulturen des Rechts: Rechtstransfer und Pluralismus in globaler Perspektive}, booktitle = {Kulturen des Rechts: Rechtstransfer und Pluralismus in globaler Perspektive}, editor = {G{\"u}nther, Klaus and Kadelbach, Stefan}, publisher = {Campus}, address = {Frankfurt am Main [u.a.]}, isbn = {978-3593399812}, abstract = {Im Zentrum des Bandes stehen Austauschprozesse, Vermischungen sowie Konflikte zwischen verschiedenen Rechtskulturen. Dabei geht es um den Transfer von Rechtsordnungen, um lokale autonome Ordnungen in Bezug auf Ordnungen mit generellem Geltungsanspruch, um neue Formen der Hybridisierung in der wechselseitigen Rezeption von Rechtsgrunds{\"a}tzen oder um die Herausbildung transnationaler Rechtsordnungen und die Frage, ob diese sich als Prozesse der Konstitutionalisierung, der Durchsetzung universaler Rechtsprinzipien oder des Managements von Pluralit{\"a}t deuten lassen.}, language = {de} } @incollection{Joerges, author = {Joerges, Christian}, title = {What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat}, series = {Critical Theories of Crisis in Europe: From Weimar to the Euro (the Work)}, booktitle = {Critical Theories of Crisis in Europe: From Weimar to the Euro (the Work)}, editor = {Kjaer, Poul F. and Olsen, Niklas}, publisher = {Rowman and Littlefield}, address = {London}, isbn = {9781783487462}, pages = {143 -- 160}, language = {en} } @incollection{JoergesEverson, author = {Joerges, Christian and Everson, Michelle}, title = {Who is the guardian for constitutionalism in Europe after the financial crisis?}, series = {Political Representation in the European Union : Democratic in a time of crisis}, booktitle = {Political Representation in the European Union : Democratic in a time of crisis}, publisher = {Routledge}, address = {NewYork [u.a.]}, doi = {http://dx.doi.org/10.2139/ssrn.2287111}, pages = {197 -- 212}, abstract = {This discussion of the ECJ in the context of a project on political representation in the EU responds to the Court's changing functions in the integration process and also to the critique which the exercise of this function has provoked in recent years after the Court objected to constitutional provisions and legislation of constitutional status in particular in the sphere of labour law and social protection. The ECJ has been accused of partisanship with a neoliberal-monetarist agenda. These debates are bound to extend to the new functions which were assigned to the CJEU in the supervision of the budgetary discipline of Member States in the Euro zone. The problems that might arise in such a case have been foreshadowed by the recent jurisprudence on the legality of the European practices of crisis management. The judgments of the German Bundesverfassungsgericht of 12 September 1212 on the ESM Treaty and the Fiscal Compact and the CJEU Judgment of 27 November 2012 in the Pringle case are of exemplary importance. They document the difficulties both courts have with the defense of the autonomy of law against apparent functional necessities and concurring attitudes in the readiness to accept the primacy of the political.}, language = {en} } @article{Joerges, author = {Joerges, Christian}, title = {Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project}, series = {European Law Open}, volume = {1}, journal = {European Law Open}, number = {4}, issn = {2752-6135}, doi = {10.1017/elo.2022.55}, pages = {1067 -- 1079}, abstract = {As the Second World War was drawing to a close in 1944, two great works of political economy were published. One of them was Friedrich August von Hayek's The Road to Serfdom, inspiring the defenders of free market movements ever since and up to the present. The other was Karl Polanyi's The Great Transformation. This essay will focus on Polanyi but also pay tribute to Hayek. Contrasting the two helps to understand both of them better. Of the two, Hayek, the Nobel prize winner, is of course more widely known and by far more influential. But Polanyi's work, too, has achieved and has been attracting as of recently such attention that one of the Directors of the Max Planck Institute for the Study of Societies in Cologne proclaimed that 'we are all Polanyian now', not only in economic sociology, but also in related disciplines, including, of course, political economy and political theory. A plethora of aspects of The Great Transformation are very widely discussed. This essay will be concerned with the not-so-well explored importance of Polanyi's work for European Law and legal scholarship in general, including his theorems on the 'embedded economy', his conceptualisation of labour as a 'fictitious commodity' as well as the notion of counter-movements. It will then juxtapose Polanyi's expectation of a new international order with the development of the European integration project and sketch out the contours of the democracy-enhancing conflicts law and its affinities with Polanyian core normative principles.}, language = {en} } @incollection{Joerges, author = {Joerges, Christian}, title = {Working through 'Bitter Experiences' towards a Purified European Identity?: A Critique of the Disregard for History in European Constitutional Theory and Practice}, series = {Law in Transition: Human Rights, Development and Transitional Justice}, booktitle = {Law in Transition: Human Rights, Development and Transitional Justice}, publisher = {Hart Publ.}, address = {Oxford}, isbn = {9781849465922}, pages = {269 -- 287}, language = {en} } @incollection{Joerges, author = {Joerges, Christian}, title = {Zum Urteil des Bundesverfassungsgerichts vom 12 September 2012 {\"u}ber den ESM- und den Fiskalvertrag}, series = {Jahrbuch der Juristischen Gesellschaft Bremen 2013}, volume = {14}, booktitle = {Jahrbuch der Juristischen Gesellschaft Bremen 2013}, publisher = {Ed. Temmen}, address = {Bremen}, isbn = {978-3837812046}, pages = {27 -- 31}, language = {de} } @article{JoergesRoedl, author = {Joerges, Christian and R{\"o}dl, Florian}, title = {{\`A} propos de l'{\´e}volution fonctionnelle du droit des conflits de lois II : une constitution l{\´e}gitime pour la constellation post-nationale}, series = {Revue Internationale de Droit {\´E}conomique}, volume = {27}, journal = {Revue Internationale de Droit {\´E}conomique}, number = {1-2}, pages = {79 -- 93}, language = {fr} }