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

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 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.

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