Conflict of Laws and Laws of Conflict in Europe and Beyond

This book seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.
Author(s):
Rainer Nickel
Series:
Ius Commune Europaeum
Volume:
88
book | published | 1st edition
November 2010 | xxiv + 402 pp.

Paperback
€85.-


ISBN 9789400001237


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Details

This book is based on the proceedings from a conference at the European University Institute in Florence. It deals with new approaches to supra- and transnational law generating structures. These new approaches, namely Christian Joerges’ theoretical concept based upon the conflict of laws methodology, and additional ideas of constitutional pluralism and of participatory transnational governance, are discussed from private, public and international law perspectives. They strive to conceptualise – in legal categories – the efforts to re-constitute democratic governing in post-national constellations.

The volume seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.

With contributions by Nina Boeger, Alicia Cebada Romero, Michelle Everson, John Erik Fossum, Christian Joerges, Poul F. Kjaer, Karl-Heinz Ladeur, Miguel Poiares Maduro, John P. McCormick, Jürgen Neyer, Rainer Nickel, Ernst-Ulrich Petersmann, Florian Rödl, Wolf Sauter, Christoph U. Schmid, Gunther Teubner, Ellen Vos and Neil Walker

Chapters

Table of Contents (p. 0)

Introduction

Conflict of Laws and Laws of Conflict – An Introduction to the Research Agenda (p. 1)

PART I. DELIBERATIVE SUPRANATIONALISM – LAW AND DEMOCRACY IN THE POST-NATIONAL CONSTELLATION

Chapter 1. Habermas on Constitutional and Social Democracy in the European Union (p. 11)

Chapter 2. Justice or Democracy? Power and Justification in the EU and other International Organizations (p. 33)

Chapter 3. Can International Public Goods be Supplied without Multilevel Constitutional Democracy and “Constitutional Justice”? (p. 49)

Chapter 4. The European Union and “Otherness”: Can The European Union Reinforce Global Justice? A View from International Law (p. 91)

Chapter 5. On “Europe’s American Dream” (p. 113)

Chapter 6. European Citizenship and the Disillusion of the Common Man (p. 135)

Chapter 7. About Deliberative Supranationalism, Comitology and other Heroes (p. 155)

Chapter 8. The Significance of General Administrative Law for European Administrative Law (p. 167)

Chapter 9. Formalisation or De-formalisation through Governance? (p. 189)

PART II. TRANSNATIONAL REGULATION AND SOCIETAL CONSTITUTIONALISM: CONFLICT OF LAWS OR LAWS OF CONFLICT?

Chapter 10. The Corporate Codes of Multinationals: Company Constitutions Beyond Corporate Governance and Co-determination (p. 201)

Chapter 11. Taking Constitutionalism Beyond the State (p. 215)

Chapter 12. Transnational Borrowing Among Judges: Towards a Common Core of European and Global Constitutional Law? (p. 239)

Chapter 13. Regime-Collisions, Proceduralised Conflict of Laws and the Unity of the Law: On the Form of Constitutionalism Beyond the State (p. 263)

Chapter 14. The Chameleon State. EU Law and the Blurring of the Private/Public Distinction in the Market (p. 279)

PART III. SOCIAL RIGHTS AND SOCIAL JUSTICE – CAN “THE SOCIAL” SURVIVE EUROPEAN INTEGRATION?

Chapter 15. From Effet Utile to Effet Neolibéral A Critique of the New Methodological Expansionism of the European Court of Justice (p. 293)

Chapter 16. Public Service, Autonomy and Community Law (p. 315)

Chapter 17. Services of General Economic Interest (SGEI) and Universal Service Obligations (USO) as an EU Law Framework for Curative Health Care (p. 335)

PART IV. CONCLUSIONS

Chapter 18. Integration Through Conflicts Law. On the Defence of the European Project by Means of Alternative Conceptualisation of Legal Constitutionalisation (p. 375)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

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Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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