The European Crisis and the Transformation of Transnational Governance ─ Authoritarian Managerialism versus Democratic Governance

The debate on law, governance, and constitutionalism beyond the State is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close cooperation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism" is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the cooperative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problematique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labor law, and discuss the impact and limits of liberalization strategies. Throughout, European and transnational developments are compared and evaluated.

Christian Joerges is Professor of Law and Society (part time) at the Hertie School of Governance, Berlin. He is also a Co-director of the Centre of Law and Politics at the University of Bremen.Carola Glinski is a Researcher at the Collaborative Research Center 'Transformations of the State', at the University of Bremen.