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Conflict and Transformation - Essays on European Law and Policy

Conflict and Transformation - Essays on European Law and Policy

JOERGES Christian

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Description du produit

Résumé

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

Table des matières

Introduction: Agenda and Structure of the Volume

PART I
LEGAL AND POLITICAL SCIENCE
1. Introduction: The Contest of Disciplines in the Study of European Integration
2. Taking the Law Seriously: On Political Science and the Role of Law in the Process of European Integration
3. 'Where the Law Runs Out': The Overburdening of Law and Constitutional Adjudication by the Financial Crisis and Europe's New Modes of Economic Governance
4. Conclusion – Part I

PART II
INTEGRATION AND PRIVATE LAW
5. Introduction: Tensions and Affinities Between Private Law and European Market Integration
6. The Science of Private Law and the Nation State
7. The Impact of European Integration on Private Law: Reductionist Perceptions, True Conflicts and a New Constitutional Perspective
8. Private Law in Europe's Political Economy after the Financial Crisis
9. Conclusion – Part II

PART III
SOCIAL REGULATION AND THE TURN TO GOVERNANCE
10. Introduction: The Integration Project in the Risk Society
11. Scientific Expertise in Social Regulation and the European Court of Justice: Legal Frameworks for De-nationalised Governance Structures
12. From Intergovernmental Bargaining to Deliberative Political Processes: The Constitutionalisation of Comitology
13. Integration through De-legalisation?
14. Conclusion – Part III

PART IV
THE EUROPEAN SOCIAL MODEL: A NEW TYPE OF 'SOCIAL MARKET ECONOMY'
15. Introduction: Problems with 'Social Europe'
16. Informal Politics, Formalised Law and the 'Social Deficit' of European Integration: Reflections after the Judgments of the ECJ in Viking and Laval
17. Will the Welfare State Survive European Integration? On the Exhaustion of the Legal Conceptualisations of the Integration Project from the Foundational Period and the Search for a New Paradigm
18. How is a Closer Union Conceivable under Conditions of Ever More Socio-Economic and Political Diversity?
Constitutionalising Europe's Unitas in Pluralitate
19. Conclusion – Part IV

PART V
THE CONTEST ON THE ECONOMIC CONSTITUTION
20. Introduction: 'The Economic' in European Legal Scholarship
21. The Market without the State? The 'Economic Constitution' of the European Community and the Rebirth of Regulatory Politics
22. What is Left of the European Economic Constitution? A Melancholic Eulogy
23. Europe's Economic Constitution in Crisis and the Emergence of a New Constitutional Constellation
24. Conclusion – Part V

PART VI
CONFLICTS LAW AS EUROPE'S CONSTITUTIONAL FORM
25. Introduction: Semantics and Concepts
26. United in Diversity as Europe's Vocation and Conflicts Law as Europe's Constitutional Form
27. The Idea of a Three-Dimensional Conflicts Law as Constitutional Form
28. A Conflicts-Law Response to the Precarious Legitimacy of Transnational Trade Governance
29. Conclusion – Part VI

PART VII
VERGANGENHEITSCHULD (GUILT ABOUT THE PAST) AND THE DUTY TO REMEMBER
30. 'Darker Legacies of Law in Europe' – Problems with a Research Project
31. Continuities and Discontinuities in German Legal Thought
32. Europe a Großraum? Shifting Legal Conceptualisations of the Integration Project
33. Working through 'Bitter Experiences' towards a Purified European Identity? A Critique of the Disregard for History in European Constitutional Theory and Practice
34. Conclusion – Part VII
Epilogue: Europe's Crisis and Vocation