The paper reacts to a widespread perception of the development of the European Community after the adoption and implementation of the internal market programme. These perceptions are characterised as endorsing the emergence of a "market without the state". This vision, the paper argues, is...

This paper is essentially a translation of a comment in German (Joerges 2000) on a series of articles in which Rainer Schmalz-Bruns (1998, 1999a, 1999b) developed a concept of legitimate governance beyond the constitutional state, which he called deliberative supra-nationalism and contrasted...