Rechtsstaat and Social Europe: How a Classical Tension Resurfaces in the European Integration Process

@inproceedings{Joerges2010RechtsstaatAS,
  title={Rechtsstaat and Social Europe: How a Classical Tension Resurfaces in the European Integration Process},
  author={Christian Joerges and Hermann Heller},
  year={2010}
}
Will the welfare state survive European Integration? Th e paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit, the commitment to rule of law. Th is is the background for the discussion in Section II on legal categories, which Fritz Scharpf has characterised as a de-coupling of economic… Expand
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