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Ordoliberalism is a theoretical and cultural tradition of signifi cant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stageafter the advent of the fi nancial crisis, and has become widely perceived as the ideational source of Germany's crisis politics.
In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affi nities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism,the book illustrates the diversity of European economic cultures, and the difficulty of ransnational political exchanges, in a time of European crisis.
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.
In this article, the controversy between the European Court of Justice and the German Federal Constitutional Court over the Outright Monetary Transactions (OMT) Programme remains in the background. Rather than summarising and evaluating all this, the Author focuses his attention on a defence of the message in the title. Firstly, he starts with the ruling of the German Court of January 2014, which, as is well known, is the “first reference ever”. In this the Author focuses his attention on the two dissenting opinions by judges Lübbe-Wolff and Gerhardt. Then, the analysis focuses mainly on to the exercise of discretion by the ECB and the role of the judiciary. Thereafter, the Author examines the responses to these developments in various branches of European studies and concludes with an explanation of title.
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 problématique 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.