Three-Dimensional Conflict of Laws in Europe

41 Pages Posted: 20 Oct 2009 Last revised: 15 Jan 2014

Date Written: March 1, 2009

Abstract

The EU is a structure which is positioned “in-between” hierarchically organized nation-state governing structures and heterarchically structured global governance structures. Thus, the EU is a hybrid which partly relies on governing and partly on governance. This two-dimensionality is the central reason why the question of the constitutional character of the EU remains fundamentally unresolved. Thus, it is proposed that the EU should aim for the development of a constitutional form aimed at alleviating the tensions inherent in the European construction through a conflict of laws approach. In order to respect the hybridity of the Union, such an approach will however have to be based on a three-dimensional conflict of laws concept insofar as it would have to take account of horizontal conflicts between territorial units, vertical conflicts between the EU and its ember states as well as horizontal conflicts between the functionally differentiated structures of the wider society.

Keywords: Kjaer, European Union, Conflict of Laws, Joerges, Teubner, transnational law, EU, integration, constitutionalization

Suggested Citation

Kjaer, Poul F., Three-Dimensional Conflict of Laws in Europe (March 1, 2009). Available at SSRN: https://ssrn.com/abstract=1489939 or http://dx.doi.org/10.2139/ssrn.1489939

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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