@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} } @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} } @misc{JoergesFalke, author = {Joerges, Christian and Falke, Josef}, title = {Handelsliberalisierung und Sozialregulierung in transnationalen Konstellationen}, publisher = {Nomos Verl.-Ges.}, address = {Baden-Baden}, isbn = {978-3-8487-1088-1}, pages = {455}, abstract = {Das Buch untersucht vergleichend f{\"u}r den europ{\"a}ischen Binnenmarkt und den internationalen Handel die Zusammenh{\"a}nge zwischen der Liberalisierung des Handels und seiner Regulierung zum Zwecke des Arbeits-, Gesundheits- und Umweltschutzes an den Beispielen Produkt- und Lebensmittelsicherheit in der EU, Telekommunikations- und Gesundheitsdienstleistungen, Verminderung von CO2-Emissionen von Pkw, Arbeits- und Sozialstandards im internationalen Handel, private Standards zum Schutz {\"o}ffentlicher G{\"u}ter im Welthandel. Als normativer Maßstab f{\"u}r die empirische Politikwissenschaft dient das Konzept der „Sozialregulierungsf{\"a}higkeit". F{\"u}r die rechtliche Kontrolle der externen Effekte staatlichen Handelns, der transnationalen Verwaltungskooperationen und der Aufgabenverlagerungen auf private Akteure wird das Konzept eines dreidimensionalen Kollisionsrechts entwickelt. Mit Beitr{\"a}gen von: Olga Batura, Henning Deters, Josef Falke, Carola Glinski, Thorsten H{\"u}ller, Christian Joerges und Markus Krajewski}, language = {de} } @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} } @incollection{Joerges, author = {Joerges, Christian}, title = {Europe's economic constitution in crisis and the emergence of a new constitutional constellation}, series = {The European Union in Crises or the European Union as Crises? (ARENA Report Series, No. 3/2014)}, volume = {14}, booktitle = {The European Union in Crises or the European Union as Crises? (ARENA Report Series, No. 3/2014)}, number = {3}, editor = {Men{\´e}ndez, Agust{\´i}n and Fossum, John Erik}, publisher = {University of Oslo}, address = {Oslo}, pages = {279 -- 333}, language = {en} } @periodical{JoergesGuibboni2013, author = {Joerges, Christian and Guibboni, Stefano}, title = {Recht und Politik in der Krise Europas}, series = {Deutsch-Italienische Studien (Studi Italo-Tedeschi)}, volume = {6}, journal = {Deutsch-Italienische Studien (Studi Italo-Tedeschi)}, publisher = {ZERP (Zentrum f{\"u}r europ{\"a}ische Rechtspolitik)}, address = {Bremen}, pages = {23}, year = {2013}, abstract = {Although international police cooperation is not a new phenomenon and despite its relevance for the monopoly of force, studies applying a political science or international relations (IR) perspective are scarce. Through a 'competition of claims', this article reviews and organizes current literature on cooperation in internal security to highlight crucial points of entry for IR- and political science approaches. While both claims argue along the lines of functionalist regime theory, the 'informality claim' stresses state's interest to uphold autonomy and their accordant preference for informal cooperation. In contrast, the 'institutionalization claim' underscores the willingness of states to create formal and strong institutions as they promise efficiency gains in light of transborder problems. By focusing on central issues in police cooperation (terrorism, drugs, money laundering, organized crime)this review highlights that internal security can become a prospering field for IR- and political science theorizing.}, language = {de} } @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} } @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} } @incollection{Joerges, author = {Joerges, Christian}, title = {Is There a Guardian of Constitutionalism in the European Union?}, series = {The Future of Europe: Democracy, Legitimacy and Justice After the Euro Crisis}, booktitle = {The Future of Europe: Democracy, Legitimacy and Justice After the Euro Crisis}, publisher = {Rowman \& Littlefield International}, address = {London}, isbn = {978-1783481132}, 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} }