TY - EDBOOK A1 - Chalmers, Damian A1 - Jachtenfuchs, Markus A1 - Joerges, Christian T1 - Adjusting to European Diversity : The End of the Eurocrats' Dream? Y1 - 2016 SN - 978-1-107-10718-2 PB - Cambridge Univ. Press. CY - Cambridge ER - TY - JOUR A1 - Joerges, Christian T1 - Varieties of economic constitutionalism and the alternative of conflicts-law constitutionalism: observations on the conceptual history of the law of the integration project JF - European Law Open N2 - 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. Y1 - 2025 U6 - https://doi.org/10.1017/elo.2025.1 N1 - Open Access publication is funded by the Hertie School Library. SP - 1 EP - 20 PB - Cambridge University Press (CUP) ER - TY - RPRT A1 - Joerges, Christian T1 - Transnational Constitutionalism – Conflicts‐Law Constitutionalism – Economic Constitutionalism: The Exemplary Case of the European Union N2 - 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. Y1 - 2023 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-53574 U6 - https://doi.org/10.48462/opus4-5357 N1 - This is the peer reviewed version of the following article: Joerges C. Transnational constitutionalism – conflicts‐law constitutionalism – economic constitutionalism: the exemplary case of the European Union. Journal of Law and Society. 2023; 50(Suppl. 1): S81–S97., which has been published in final form at https://doi.org/10.1111/jols.12438. This article may be used for non‐commercial purposes in accordance with Wiley Terms and Conditions for Use of Self‐Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited. ER - TY - JOUR A1 - Joerges, Christian T1 - Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project JF - European Law Open N2 - 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. Y1 - 2022 U6 - https://doi.org/10.1017/elo.2022.55 SN - 2752-6135 N1 - Open Access publication is funded by the Hertie School Library VL - 1 IS - 4 SP - 1067 EP - 1079 ER -