"Unity in Diversity" was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty. The motto did not make it into the Treaty of Lisbon. It deserves to be kept alive in a new constitutional perspective, namely the re-conceptualisation of European law as new type of conflicts...

This discussion of the ECJ in the context of a project on political representation in the EU responds to the Court's changing functions in the integration process and also to the critique which the exercise of this function has provoked in recent years after the Court objected to constitutional...

This discussion of the ECJ in the context of a project on political representation in the EU responds to the Court’s changing functions in the integration process and also to the critique which the exercise of this function has provoked in recent years after the Court objected to...

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...

The December judgments of the ECJ in Viking and Laval on the compatibility of national collective labour law with European prerogatives have caused a quite heated critical debate. This paper seeks to put this debate in constitutional perspectives. In its first part it reconstructs in legal...

Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their legalization more visible than in international trade. Governance arrangements established through and alongside WTO law are both practically important and theoretically challenging. They do not...

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...

As the title of this lecture indicates, it builds upon the authors 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...