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

by Christian Joerges, Carola Glinski

Overview

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 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.

Product Details

ISBN-13:	9781509913008
Publisher:	Bloomsbury Academic
Publication date:	02/23/2017
Pages:	436
Product dimensions:	6.14(w) x 9.21(h) x 0.93(d)

About the Author

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.

Table of Contents

Preface: The Agenda and the Contents of this Volume and an Acknowledgement Carola Glinski Christian Joerges v

List of Contributors xxiii

List of Abbreviations xxix

Prologue: Money Matters: The Heads and Tails of Conflicts-Law Constitutionalism Sabine Frerichs 1

Part I Re-Configurations of the European Polity and its Constitutional Constellation after the Financial Crisis

Section 1 Institutional Defects and External Effects: New Modes of Economic Governance in the Shadow of Carl Schmitt?

Chapter 1 Three Transformations of Europe and the Search for a Way Out of its Crisis Christian Joerges 25

Chapter 2 Compensating for Democracy's 'Defects': The Case of International Investment Law David Schneiderman 47

Two Comments

Global Exceptionalism and the Euro Crisis: Schmittian Challenges to Conflicts-Law Constitutionalism Christian Kreuder-Sonnen 71

The Moment of Schmittian Truth: Conceiving of the State of Exception in the Wake of the Financial Crisis Ming-Sung Kuo 83

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 Raphael Callsen 101

Chapter 4 Labour Market Governance in Wake of the Crisis: Reflections and Possibilities Kerry Rittich 123

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 143

Chapter 6 External Effects and Legal Constraints of the German 'Energiewende': A Search for Sound Responses to European Conflict Constellations Carola Glinski 157

Chapter 7 Re-embedding EU Governance Fields: A Research Agenda Jotte Mulder 181

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 203

Chapter 9 A Technocracy of Governing: Power Without the State; Power without the Market Michelle Everson 227

Chapter 10 Deliberative Supranationalism in the Euro Crisis? The European Central Bank and The European Council in Times of Conflict Henning Deters 245

Section 2 Whither 'Deliberative Supranationalism'?

Chapter 11 Comitology After Lisbon: What is Left of Comitology as We Have Praised it? Josef Falke 271

Chapter 12 Risk Regulation, GMOs, and the Challenges to Deliberation in EU Governance: Politicisation and Scientification as Co-Producing Trends Maria Weimer 293

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 317

Chapter 14 Professionalisation Contra Technocracy: Global Governance, Reflective Practice, and the Constitutionalisation of the Transnational Sphere Martin Herberg 335

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 359

Chapter 16 'Conflicts Law as Europe's Constitutional Form' … and the Conflict of Social Norms as its Infrastructure Karl-Heinz Ladeur 383

Epilogue: How to Make it More Complicated Again? The European Constitutional Evolution between Kantian and Managerial Mindset Hauke Brunkhorst 397

Index 413

Editorial Reviews

"At a time when European legal scholars are still wrestling with the theoretical and normative underpinnings of the post-crisis governance architecture, [this book] could not be more necessary." --Yearbook of European Law

From the Publisher