What is Left of the Integration through Law Project? A Reconstruction in Conflicts-Law Perspectives
19 Pages Posted: 2 Oct 2012
Date Written: December 10, 2011
“Integration through Law” has been since the trademark of the European project since the early 80s. In the present critical state of the European Union the law appears overburdened by the functions it has been expected to fulfill. This is true with regard to the legalisation of monetary policy, the responses to the quest for social justice and now also in debates on nuclear energy. The overburdening of law has so far not been sufficiently compensated for by institutional innovations and it seems highly unlikely in view of the Europe’s political and socio-economic constellation that such steps will be taken. The idea of “conflicts-law constitutionalism” which advocates a re-conceptualisation the relation between law and “the political” is sketched out as a tentative response to the European problématique.
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