Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Agustín José Menéndez
    United They Diverge? From Conflicts of Law to Constitutional Theory
    in Transnational Legal Theory , vol. 2, issue 2 ,  2011 ,  167-192
    This paper analyses Christian Joerges' conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic national constitutional state; second, that the public philosophy of European constitutional law should operationalise the regulatory ideal of unity in diversity; and third, that any European constitutional theory should be 'grounded' on the empirical analysis and resolution of specific supranational conflicts. The paper finds that the theory of European conflicts, first, remains incomplete as a constitutional theory; second, fails to provide a satisfactory account of the legitimacy foundations of Community law; and third, underestimates the structural implications of the combination of the doctrines of primacy, direct effect and mutual recognition.
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