States Without a Market? Comments on the German Constitutional Court's Maastricht-Judgement and a Plea for Interdisciplinary Discourses

European Integration online Papers (EIoP), Vol. 1, No. 20, November 24, 1997

30 Pages Posted: 12 Mar 2002

See all articles by Christian Joerges

Christian Joerges

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

Abstract

As the title of this lecture indicates, it builds upon the author?s previous ananlysis of the European Communities' market building efforts (C. Joerges, The Market Without the State? The "Economic Constitution" of the European Community and the Rebirth of Regulatory Politics, European Integration online Papers, Vol. 1, No. 19. The analytical approach chosen includes a "comparative analysis" of legal and political science theories of European integration. It is a asserted, that the schisms between legal and political sciences inhibit an adequate understanding of the European Polity. Lawyers risk to overlook important institutional innovations; political scientists are urged to address the "constitutionalist" dimension of the European law. The theoretical argument is then substantiated by an analysis of the German Constitutional Court's decision on the Maastricht Treaty. Without even mentioning the normative visions of Germany?s neo-liberal tradition, the Constitutional Court has, while pretending to defend the nation state, in fact endorsed the idea of a purely economic constitution of the European Community. The paper argues that the Europeanization process is de facto and de jure depending upon a constitutional vision which is to overcome the separation between "political" nation states and an "unpolitical" European governance structure.

Keywords: European integration, German Constitutional Court, supranationalism, regulatory politics, social regulation, polity building, governance, institutionalisation, institutions, legitimacy, political science, law

Suggested Citation

Joerges, Christian, States Without a Market? Comments on the German Constitutional Court's Maastricht-Judgement and a Plea for Interdisciplinary Discourses . European Integration online Papers (EIoP), Vol. 1, No. 20, November 24, 1997. Available at SSRN: https://ssrn.com/abstract=302713 or http://dx.doi.org/10.2139/ssrn.302713

Christian Joerges (Contact Author)

University of Bremen - Faculty of Law ( email )

PO Box 330440
Bremen, 28334
Germany

Hertie School of Governance ( email )

Friedrichstra├če 180
Berlin, 10117
Germany

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