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The European Union is in troubled waters. Its original reliance on law as the object and agent of the integration project and on the “economic constitution” which the EMU, as accomplished by the Treaty of Maastricht, were expected to complete have proven to be unsustainable. Following the...
Persistent link: https://www.econbiz.de/10013089590
The ‘European Social Model', ill-defined and under-theorised as it may be, is widely perceived as the great looser in the political and institutional re-configuration of the European integration project which we have witnessed under the impact of the financial crisis. The state of social...
Persistent link: https://www.econbiz.de/10013002840
“Conflicts‐law constitutionalism” seeks to defend the rule of law and the idea of law‐mediated legitimacy in the postnational constellation. The idea of its “three dimensional” differentiation responds to general developments of legal systems, namely the emergence of legal frameworks...
Persistent link: https://www.econbiz.de/10014163320
What kind of law are Germany’s Constitutional Court and the CJEU concerned with when they decide upon European and national powers in the realms of monetary, economic and fiscal policy? Is it still possible to identify some meta-legal conceptual basis for the ordering functions attributed to...
Persistent link: https://www.econbiz.de/10014131674
The idea of an “economic constitution” was developed by a group of German economists and lawyers in the Weimar Republic which sought a “third way” – the “ordo-liberal way” – between laissez-faire liberalism and socialist politics. Ordo-liberalism survived the Third Reich...
Persistent link: https://www.econbiz.de/10013028831