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Beyond the CrisisThe Governance of Europe's Economic, Political and Legal Transformation$
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Mark Dawson, Henrik Enderlein, and Christian Joerges

Print publication date: 2015

Print ISBN-13: 9780198752868

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198752868.001.0001

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Constitutionalism and the Law of the European Economy

Constitutionalism and the Law of the European Economy

(p.216) 14 Constitutionalism and the Law of the European Economy
Beyond the Crisis

Christian Joerges

Oxford University Press

The dominant strands of European law scholarship have failed to take the political dimensions of the economy seriously. This chapter presents assessments on various aspects of constitutionalism and the law of the European economy. In discussing European ‘economic constitutionalism’, the chapter points out the deficiencies of the ‘integration through law’ project, which has rested on a one-size-fits-all assumption and has thus failed to come to terms with Europe’s diversity. It then highlights the judicial fiction of a ‘stability community’ and introduces the concept of ‘diagonal conflict’ to characterise the basic dilemma resulting from the Maastricht Treaty compromise. Finally, the chapter traces the authoritarian and managerialist style of economic governance that has emerged from the recent crises and pleads for political contestation, rather than normalisation, as a way toward cooperative problem-solving and legitimacy.

Keywords:   economic constitutionalism, integration through law, diversity, stability community, diagonal conflict, Maastricht Treaty, authoritarian managerialism, economic governance, political contestation, legitimacy

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