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

  title={Rechtsstaat and Social Europe: How a Classical Tension Resurfaces in the European Integration Process},
  author={Christian Joerges and Hermann Heller},
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
Justum facere in the European Integration Process: How Should the Law Promote the Constitutionalization of Europe?
The essays examines two strands of thought in the conceptualisation of the functions of law in the development of the project of European Union. One is the idea that the integration project could beExpand
A multi-layered social Europe? Three emerging transnational social duties in the EU
The euro crisis has made the question of social justice in Europe more pertinent than ever. It triggers this question in several ways. For one, the crisis has exposed the fragility of the basis onExpand
What Do We Owe the Poles (or the Greeks)? Three Emerging Duties of Transnational Social Justice in the European Union
This paper argues for a conception of social justice that operates beyond the nation-state but does so as an extra layer upon national conceptions of social justice. Thus, in the view transnationalExpand
Domesticating the Democratic Deficit? The Role of National Parliaments and Parties in the EU’s System of Governance
The Lisbon Treaty (LT) grounds the European Union (EU) in the principles of political equality and representative democracy. It also acknowledges the role national parliaments play in realizing theseExpand
Context construction through competition: the prerogative of public power, intermediary institutions, and the expansion of statehood through competition
This article examines the relationship between the evolution of statehood and competition in the European context. To begin with, a particular take on the evolution of modern political power in theExpand
Context Construction Through Competition: The Prerogative of Public Power, Intermediary Institutions, and the Expansion of Statehood Through Competition
This article examines the relationship between the evolution of statehood and competition in the European context. To begin with, a particular take on the evolution of modern political power in theExpand
Ordoliberal Lessons for Economic Stability: Different Kinds of Regulation, Not More Regulation
Since the Global Financial Crisis of 2008 the term “ordoliberalism” has experienced a marked revival. This discussion tends to focus on the need for more state intervention. Yet this misrepresentsExpand
The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law
This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulatingExpand
Collective Autonomy in the European Union : Theoretical, Comparative and Cross-border perspectives on the Legal Regulation of Collective Bargaining
‘Collective Autonomy in the European Union’ explores the question of collective autonomy by investigating the relationship between collective bargaining and legal regulation and its current evolutionExpand
Sociological Shortcomings and Normative Deficits of Regulatory Competition
This Article proposes a counter-vision to the regulatory competition model, by building upon conflict-laws constitutionalism. This counter-vision seeks to replace the governance via competitiveExpand


What is Left of the European Economic Constitution? A Melancholic Eulogy
The essay starts from the assumption that the efforts to cure Europe’s democracy deficits will also have to address the social problematique of the Europeanization process. This is a challenge withExpand
'Integration-Through-Law': Contribution to a Socio-History of EU Political Commonsense
This article tracks the genesis of one of the EU's most established meta-narratives, that of Europeanization-through-case-law. Instead of studying this theory of European integration as anExpand
Modell Deutschland as an Interdenominational Compromise
  • P. Manow
  • Political Science
  • Social Protection, Capitalist Production
  • 2020
Chapter 3 argues that the cooperation in the interwar period between, economically, unions and employers and, politically, between Social and Christian Democracy, estranged the liberal ProtestantExpand
Substantive and Reflexive Elements in Modern Law
The most comprehensive efforts to develop a new evolutionary approach to law are found in the work of Nonet and Selznick in the United States and Habermas and Luhmann in Germany. While theseExpand
Right to Strike, Transnational Collective Action and European Law: Time to Move On?
Abstract: Starting from an analysis of two pending cases before the ECJ ( Laval and Viking case), the paper focuses on the issue of the scope and significance the EU intends to accord to collectiveExpand
A Manifesto for Social Europe
The European Union is still far from having social legitimacy. The issue is indicative of a huge uncertainty about Social Europe. What is it? What are the principles of social justice behind it? InExpand
The intellectual foundations of the social market economy: Theory, policy, and implications for European integration
Purpose – This paper suggests that an adequate understanding of the notion of the social market economy, which has become a prominent aspect of debates on the social model of the EuropeanExpand
Learning from Difference: The New Architecture of Experimentalist Governance in the EU
This paper argues that current widespread characterizations of EU governance as multi-level and networked overlook the emergent architecture of the Union’s public rule making. In this architecture,Expand
Community and autonomy multilevel policy-making in the European Union
Abstract The completion of the internal market reduces the capacity of member states to shape the collective fate of their citizens through their own policies, while the policy‐making capacity of theExpand
Towards a reconstruction of historical materialism
In the present paper I will analyze the merits and limitations of historical materialism to the extent that it can be considered a theoretical explanation of social evolution. I would like to beginExpand