Refine
Document Type
- Part of a Book (23)
- Article (12)
- Editorship book (6)
- Contribution to a Periodical (3)
- Working Paper (3)
- Conference Proceeding (1)
- Lecture (1)
- Journal (1)
Keywords
- Karl Polanyi (3)
- Conflicts law (2)
- Dani Rodrik (2)
- Democracy (2)
- International trade (2)
- Mega-regional trade agreements (2)
- 21st century (1)
- Carl Schmitt (1)
- Citizenship (1)
- Conflicts- law (1)
- Democratic legitimacy (1)
- Discrimination (1)
- European Union countries (1)
- Financial Crises (1)
- Globalisation (1)
- Globalization (1)
- Identity (1)
- Integration trough law (1)
- Jürgen Habermas (1)
- Legitimacy (1)
- Technocracy (1)
- Transatlantic Trade and Investment Partnership (1)
- Voting (1)
Das europäische Ausschusswesen gilt vielen als eine der großen Untiefen der europäischen Politik, die gleichzeitig eine hohe Aussagekraft für die Funktionsweise des Gesamtsystems hat. Joseph Weiler beschrieb es Ende der neunziger Jahre als „a new sub-atomic particle, a neutrino or a quark, affecting the entirety of molecular physics which requires an account of both the phenomenon itself and the way it impacts upon the rest of nuclear understanding” (Weiler 1999, S. 340). Und doch meinten die Autoren dieses Textes vor nunmehr über fünfzehn Jahre genau hier normative Gehalte, gar den Kern der Legitimität europäischen Regierens, sehen zu können (Joerges und Neyer 1997a, 1997b).
European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi-authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post-democratic and extra-constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis-ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.
European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi-authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post-democratic and extra-constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis-ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.
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.
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.
European unity in diversity?!: A conflicts-law re-construction of controversial current developments
(2014)
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)