What is Left of the Integration through Law Project? A Reconstruction in Conflicts-Law Perspectives

19 Pages Posted: 2 Oct 2012

See all articles by Christian Joerges

Christian Joerges

University of Bremen - Faculty of Law; Hertie School of Governance

Date Written: December 10, 2011

Abstract

“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.

Suggested Citation

Joerges, Christian, What is Left of the Integration through Law Project? A Reconstruction in Conflicts-Law Perspectives (December 10, 2011). Available at SSRN: https://ssrn.com/abstract=2155851 or http://dx.doi.org/10.2139/ssrn.2155851

Christian Joerges (Contact Author)

University of Bremen - Faculty of Law ( email )

PO Box 330440
Bremen, 28334
Germany

Hertie School of Governance ( email )

Friedrichstraße 180
Berlin, 10117
Germany

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