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The European Crisis and the Transformation of Transnational Governance

The European Crisis and the Transformation of Transnational Governance Authoritarian Managerialism versus Democratic Governance

Author: Christian Joerges; Carola Glinski
Publisher: Hart Publishing
ISBN: 9781509913008

Published In: February 2017
Format: Paperback , 405 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849466325

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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 and 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 probl?matique 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.

Chapter 1

Three Transformations of Europe and the Search for a Way Out of its Crisis

Christian Joerges

Chapter 2

Compensating for Democracy's 'Defects': The Case of International Investment Law

David Schneiderman

Two Comments Global Exceptionalism and the Euro Crisis: Schmittian Challenges to Conflicts-Law Constitutionalism

Christian Kreuder-Sonnen

The Moment of Schmittian Truth: Conceiving of the State of Exception in the Wake of the Financial Crisis

Ming-Sung Kuo

Section 2: From Social Welfare to Economic Competitiveness through Social Austerity?

Chapter 3

The Struggle for Union Rights Under the Euro and the Dialectics of Social Integration

Florian Rödl & Raphaël Callsen

Chapter 4

Labour Market Governance in Wake of the Crisis: Reflections and Possibilities

Kerry Rittich

Section 3: Political Projects and the Logic of the Market

Chapter 5

Of Capitalist Nostalgia and Financialisation: Shareholder Primacy in the Court of Justice

Harm Schepel

Chapter 6

External Effects and Legal Constraints of the German 'Energiewende': A Search for Sound Responses to European Conflict Constellations

Carola Glinski

Chapter 7

Re-embedding EU Governance Fields: A Research Agenda

Jotte Mulder

PART II: A Crisis of Europe's Regulatory Politics: The Turn to Executive Federalism

Section 1: Whither the European 'Regulatory State'?

Chapter 8

Challenging Executive Dominance in European Democracy

Deirdre Curtin

Chapter 9

A Technocracy of Governing: Power Without the State; Power without the Market

Michelle Everson

Chapter 10

Deliberative Supranationalism in the Euro Crisis? The European Central Bank and The European Council in Times of Conflict

Henning Deters

Section 2: Whither 'Deliberative Supranationalism'?

Chapter 11

Comitology After Lisbon: What is Left of Comitology as We Have Praised it? Josef Falke

Chapter 12

Risk Regulation, GMOs, and the Challenges to Deliberation in EU Governance: Politicisation and Scientification as Co-Producing Trends

Maria Weimer

Part III: Deliberative Qualities of Conflict Resolution Beyond the EU

Chapter 13

Conflict Mediation Through International Agencies: The Case of the UN Specialised Agency for Information

and Communications Technologies

Olga Batura

Chapter 14

Professionalisation Contra Technocracy: Global Governance, Reflective Practice, and the constitutionalisation of the Transnational Sphere

Martin Herberg

Part IV: Contextualising Conflicts-Law Constitutionalism

Chapter 15

Experimenting Constitutionalism in the EU: Co-ordinating Legal Difference Through Mutual Recognition, Mutual Law and Mutual Learning

Joseph Corkin

Chapter 16

'Conflicts Law as Europe's Constitutional Form' … and the Conflict of Social Norms as its Infrastructure

Karl-Heinz Ladeur

Epilogue

How to Make it More Complicated Again? The European Constitutional Evolution between Kantian and Managerial Mindset

Hauke Brunkhorst

Christian Joerges is Professor of Law and Society (part time) at the Hertie School of Governance, Berlin. He is also a Co-director of the Centre of Law and Politics at the University of Bremen.
Carola Glinski is a Researcher at the Collaborative Research Center 'Transformations of the State', at the University of Bremen.