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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).