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

Edited by: Christian Joerges, Carola Glinski

ISBN13: 9781849466325
Published: November 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781509913008

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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 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 problematique 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.

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