@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} } @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} } @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} } @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} }