Aktuálně Publikováno: 16. 3. 2015


Ústav státu a práva AV ČR, Center for Law and Public Affairs (CeLAPA) pořádá přednášku

Christian Joerges

What is left of the European Economic Constitution?

Datum: 2. 4. 2015 od 14.00 hod

Místo: Ústav státu a práva AV ČR, Národní 18, 7. patro, zasedací místnost

Přihlášky a bližší informace: agha@ilaw.cas.cz

A spectre is haunting Europeanists. The spectre is German ordo-liberalism, allegedly inspiring the crisis management which the Union’s most powerful Member State orchestrates through the imposition of budgetary discipline and austerity politics. The spectre is accompanied by another story of German descent, albeit a more comforting one: the “social market economy”, the social model of the young Federal Republic, a successful synthesis between an efficient (now: “highly competitive”) market economy and social justice in the formative phase of the Federal Republic which was allegedly incorporated first into the Draft Constitutional Treaty of the European Convention and then the Treaty of Lisbon (Art. 3(3) TFEU) European commitment pace Article, allegedly inspired by Germany’s post-war social model but now betrayed by its turn to austerity politics. Both narratives are flawed. Precisely the flaws a re nevertheless instructive. Contrary to prevailing perceptions, the European monetary union was no “economic constitution” in the ordo-liberal sense. What the Maastricht Treaty has institutionalised was instead a “diagonal conflict” which is resistant legal rule. The turn to an authoritarian managerialism in the European crisis can be deciphered on that background. The new modes of economic governance with their focus on financial stability and competiveness have also deconstructed what was held to be the “European social model”. Europe seems to be exposed to a state of emergency. If that is an adequate characterisation, we have to find out how it may be possible to regain a constitutionals condition.

Christian Joerges is a part-time Professor of Law and Society at the Hertie School of Governance (Berlin), a Research Professor at the Law Faculty of Bremen University and Co-Director of the Centre of European Law and Politics. Until 2007 he held the chair for European Economic Law at the European University Institute Florence. He has published extensively on the Europeanization of private and economic law, transnational risk regulation and governance structures. His Darker Legacies of Law in Europe (ed. with Navraj Ghaleigh, 2003) received 28 reviews. His most recent publication is The European Crisis and the Transformation of Transnational Governance. Authoritarian Managerialism versus Democratic Governance (ed. with Carola Glinski), Hart Publishing 2014.