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De la integrarea prin drept la criza financiară: Ce a mai rămas din constituţia economică europeană?
(2013)
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 Jürgen 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).
In 2004, the Turkish government adopted a compensation law for the Kurdish victims of forced displacement during the armed conflict between the PKK and the Turkish military in the late 1980s and the 1990s. Acclaimed by the UN and the EU as a successful example of a domestic reparations program, the law enhanced Turkey's chances for the opening of the accession talks with the EU and led the European Court of Human Rights to reject, on the basis of the availability of a new mechanism, around 1,500 applications filed by the Kurdish displaced. The law was also welcomed as a justice mechanism. Based on an extensive fieldwork in the province of Van in Turkey's Kurdish region, this book analyzes the substance and the implementation of this law from the lens of the displaced, their lawyers, the civil society in Van and the public officials charged with implementing the law. It questions the assumption that the law provides an efficient transitional justice mechanism capable of repairing the relations between the Turkish state and its Kurdish citizens.