The European crisis and the transformation of transnational governance
Subtitle: authoritarian managerialism versus democratic governance
By: edited by Christian Joerges and Carola Glinski
Publisher: Hart Publishing
Published: 2014
Place of publication: Oxford; Portland, Oregon
Language: eng
Number of pages: 423
ISBN-13: 9781849466325
Subjects: Politics and government; Financial crises; Democracy; Constitutional law; Economic conditions; International and municipal law; European Union
Description: "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 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."--Bloomsbury Publishing.
Notes: From a multi-year project (Preface).

Includes bibliographical references and index.
Table of contents: title: Prologue : Money matters : the heads and tails of conflicts-law constitutionalism / Sabine Frerichs; title: Part I. Re-configurations of the European polity and its constitutional constellation after the financial crisis; title: Section 1. Institutional defects and external effects : new modes of economic governance in the shadow of Carl Schmitt?; title: Three transformations of Europe and the search for a way out of its crisis / Christian Joerges; title: Compensating for democracy's "defects" : the case of international investment law / David Schneiderman; title: Global exceptionalism and the Euro crisis : Schmittian challenges to conflicts-law constitutionalism / Christian Kreuder-Sonnen; title: The moment of Schmittian truth : conceiving of the state of exception in the wake of the financial crisis / Ming-Sung Kuo; title: Section 2. From social welfare to economic competitiveness through social austerity?; title: The struggle for union rights under the Euro and the dialectics of social integration / Florian Rödl & Raphaël Callsen; title: Labour market governance in the wake of the crisis : reflections and possibilities / Kerry Rittich; title: Section 3. Political projects and the logic of the market; title: Of capitalist nostalgia and financialisation : shareholder primacy in the Court of Justice / Harm Schepel; title: External effects and legal constraints of the German "Energiewende" : a search for sound responses to European conflict constellations / Carola Glinski; title: Re-embedding EU governance fields : a research agenda  / Jotte Mulder; title: Part II. A crisis of Europe's regulatory politics : the turn to executive federalism; title: Section 1. Whither the European "regulatory state?"; title: Challenging executive dominance in European democracy / Deirdre Curtin; title: A technocracy of governing : power without the state, power without the market / Michelle Everson; title: Deliberative supranationalism in the Euro crisis? : the European Central Bank and the European Council in times of conflict / Henning Deters; title: Section 2. Whither "deliberative supranationalism?"; title: Comitology after Lisbon : what is left of comitology as we have praised it? / Josef Falke; title: Risk regulation, GMOs, and the challenges to deliberation in EU governance : politicisation and scientification as co-producing trends / Maria Weimer; title: Part III. Deliberative qualities of conflict resolution beyond the EU; title: Conflict mediation through international agencies : the case of the UN Specialised Agency for Information and Communications Technologies / Olga Batura; title: Professionalisation contra technocracy : global governance, reflective practice, and the constitutionalisation of the transnational sphere / Martin Herberg; title: Part IV. Contextualising conflicts-law constitutionalism; title: Experimenting constitutionalism in the EU : co-ordinating legal difference through mutual recognition, mutual law and mutual learning / Joseph Corkin; title: "Conflicts law as Europe's constitutional form" : and the conflict of social norms as its infrastructure / Karl-Heinz Ladeur; title: Epilogue : How to make it more complicated again? : the European constitutional evolution between Kantian and managerial mindset / Hauke Brunkhorst.