درگیری و دگرگونی: مقالاتی در مورد حقوق و سیاست اروپایی (مطالعات بین‌المللی در نظریه حقوق خصوصی)

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, he sets out the systematic neglect of ‘the economic’ and its political dynamics. Finally, he addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century. International Studies in the Theory of Private Law: Volume 15 Preface Contents 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 I. Legal Science and Political Science III. The Europeanisation of Economic Law Conclusion 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 Ad 1: Karlsruhe's Queries Ad 2: Justice Lübbe-Wolff"s Dissent Ad 3: The ECB's Discretionary Powers Ad 4: A Judicial Coup d'Etat? Ad 5: TINA (There Is No Alternative)? 4. Conclusion – Part I I. Outlook II. Related Publications 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 Section III. Beyond the Nation State: European Integration and Private Law 7. The Impact of European Integration on Private Law: Reductionist Perceptions, True Conflicts and a New Constitutional Perspective I. Introduction II. Reductionist Perceptions and the Constitutional Dimensions of the Europeanisation Process III. Multi-Level Governance Structures and Deliberative Political Processes IV. True Conflicts: Three Exemplary Patterns V. Concluding Remarks 8. Private Law in Europe's Political Economy after the Financial Crisis I. Introductory Remarks and the Structuring of the Argument II. Three Narratives on Private Law and European Integration III. Alternative Visions IV. The Second Transformation of Europe and Its Impact on Private Law V. Contestation through Private Law? A Speculative Epilogue 9. Conclusion – Part II I. Outlook: A Law of Law-Production for the Europeanisation of Private Law II. Related Publications 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 1. An Analytic Framework 2. The Jurisprudence of the European Court of Justice 3. Governance Beyond the State: Some Tentative Deliberations 12. From Intergovernmental Bargaining to Deliberative Political Processes: The Constitutionalisation of Comitology I. Introduction II. A Description of 'Comitology' and some Queries III. The Observation of Comitology by Legal and Political Science IV. Deliberative Supranationalism V. Conclusion: Comitology as a Supranational Political Forum 13. Integration through De-legalisation? Introduction: The Change to Governance as a Challenge to the Rule of Law and the Structuring of the Argument Part 1: Remarks on the Recent Career of the Concept and a Reminder of Older Methodological Debates Part 2: New and Not So New Forms of European Governance: A Chronology Part 3: A New Type of Supranational Conflict of Laws as Europe's Constitutional Form 14. Conclusion – Part III I. Outlook: The Politicisation of Markets and the 'Lure of Technocracy' II. Related Publications 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 Introductory Remarks Section I: European Integration and Democracy: a legacy of Unresolved Tensions Section II: Conflict of Laws as Constitutional Form Section III: Soft and Hard Responses to the Quest for Social Europe 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 Prologue: The State of the Union I. The Foundational Period II. Accomplishments and Shortcomings III. The Sensitivity of Theory: Three Retractions Epilogue: Defending Social Europe through Conflicts Law 18. How is a Closer Union Conceivable under Conditions of Ever More Socio-Economic and Political Diversity? Constitutionalising Europe’s Unitas in Pluralitate Introduction I. 'The Economic' in Economic Sociology II. Implications and Options III. The State of the Union After a Decade of Crisis Politics IV. 'United in Diversity' V. Epilogue 19. Conclusion – Part IV I. Outlook: The Revised Posted Workers Directive and the European Pillar of Social Rights II. Related Publications 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 Preliminary I. Legal Structures and Integration Policy II. Practice as a Discovery Process III. Programmes and Options 22. What is Left of the European Economic Constitution? A Melancholic Eulogy Introduction: The Many Faces of an Historical Event What is an Economic Constitution? The Ambivalences of the Post-1985 Developments Are we About to Bring the Law to Trial? Some Queries with the Open Method of Coordination A Resumé 23. Europe's Economic Constitution in Crisis and the Emergence of a New Constitutional Constellation I. Introduction II. Preliminary Note on the Course of the Debate III. Max Weber's Nationalstaat IV. The Civilising Accomplishment and Asymmetry of the EEC Treaty V. Symptoms of Europe's Crisis in the Light of Karl Polanyi's Economic Sociology VI. The Crisis of Economic and Monetary Union and the European Rule of Law VII. Epilogue: From 'One Size Fits All' to 'United in Diversity!' 24. Conclusion – Part V I. Outlook: A State of Exception as Europe's 'New Normalcy'? II. Related Publications 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 Preliminary Remarks I. Max Weber's Nation State II. The European Response to The failures of Weber's Nation States and the Problématique of its Institutional Design III. Hindsight and Foresight IV. Europe's Legitimacy Problem Revisited: The Conflicts Law Alternative V. The Deepening of Europe's Legitimacy Problem by the ECJ's Labour Law Jurisprudence VI. Conflicts Law or Community Method? Responses to Upper Austria's Concerns with Atomic Energy VII. The 'Geology' of Contemporary Law and the Project of a Three-dimensional Conflicts Law 27. The Idea of a Three-Dimensional Conflicts Law as Constitutional Form I. Introductory Observations on the Methodological Nationalism of Traditional Conflict of Laws and the Institutional Dimensions of the Choice-of-Law Problématique II. The Geology of the Law of Constitutional Democracies: From 'Law as Regulation' to 'Law as Governance' and the Defence of the Rule of Law through Proceduralisation III. European Law as Conflicts Law IV. Constitutionalising Transnational Governance through Conflicts Law V. The Legacy of Karl Polanyi 28. A Conflicts-Law Response to the Precarious Legitimacy of Transnational Trade Governance Structuring Our Argument I. The Framework: Polanyi, Ruggie and Rodrik II. The Exemplary Importance of Mega-Regional Trade Agreements III. The Conflicts-law Alternative IV. Regulatory Cooperation in the CETA in Conflicts-Law Perspectives 29. Conclusion – Part VI I. Perspectives: Democracy-enhancing Conflicts Law II. Related Publications 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 Introductory Remark I. Continuity and Discontinuity: Legal Academia in the Third Reich II. The Past Re-surfaces III. The Return to the 'First Legal Culture' After the War IV. Why So Late and at What Price? 32. Europe a Großraum? Shifting Legal Conceptualizations of the Integration Project I. Queries II. Rupture: Carl Schmitt's Großraum theory III. Continuities: Elements of Internal Ordering IV. The Renewal of the First Legal Culture in the Integration Process 33. Working through 'Bitter Experiences' towards a Purified European Identity? Introduction: Two Inter-dependent Theses I. Theoretical Framework: How Do History and Law Interact? II. Unitas in Pluralitate III. Exemplary Illustrations Concluding Remarks 34. Conclusion – Part VII I. Looking Back II. Related Publications Epilogue: Europe's Crisis and Vocation I. II. III. IV. V. Index Introduction : agenda and structure of the volume -- Introduction : the contest of disciplines in the study of European integration -- Taking the law seriously : on political science and the role of law in the process of European integration -- 'Where the law runs out' : the overburdening of law and constitutional adjudication by the financial crisis and Europe's new modes of economic governance -- Conclusion - Part I -- Introduction : tensions and affinities between private law and European market integration -- The science of private law and the nation state -- The Impact of European integration on private law : reductionist perceptions, true conflicts and a new constitutional perspective -- Private law in Europe's political economy after the financial crisis -- Conclusion - Part II -- Introduction : the integration project in the risk society -- Scientific expertise in social regulation and the European Court of Justice : legal frameworks for de-nationalised governance structures -- From intergovernmental bargaining to deliberative political processes : the constitutionalisation of comitology -- Integration through de-legalisation? -- Conclusion - Part III -- Introduction : problems with 'social Europe'-- Informal politics, formalised law and the 'social deficit' of European integration : reflections after the Judgments of the ECJ in Viking and Laval -- 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 -- How is a closer union conceivable under conditions of ever more socio-economic and political diversity? Constitutionalising Europe's unitas in pluralitate -- Conclusion - Part IV -- Introduction : 'the economic' in European Legal Scholarship -- The market without the state? The 'economic constitution' of the European community and the rebirth of regulatory politics -- What is left of the European Economic Constitution? A melancholic eulogy -- Europe's economic constitution in crisis and the emergence of a new constitutional constellation -- Conclusion - Part V -- Introduction : semantics and concepts -- United in diversity as Europe's vocation and conflicts law as Europe's constitutional form -- The idea of a three-dimensional conflicts law as constitutional form -- A conflicts-law response to the precarious legitimacy of transnational trade governance -- Conclusion -- Part VI -- 'Darker legacies of law in Europe' -- Problems with a research project -- Continuities and discontinuities in German legal thought -- Europe a Grossraum? Shifting legal conceptualisation of the integration project -- Working through 'bitter experiences' towards a purified European identity? A critique of the disregard for history in European constitutional theory and practice -- Conclusion - Part VII -- Epilogue : Europe's crisis and vocation "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."-- Provided by publisher

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.