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CONNEX newsletter: 5th issue – July 2007

Content:

-Thematic Conferences on “Political Representation” and “Accountability” in Florence, May and June 2007

-“Institutional Dynamics and the Transformation of Executive Politics in Europe” – Workshop organised by RG1, held in Barcelona, June 2007

-Spinoza Price 2007 for CONNEX Research Group Coordinator

-Latest Publications

-Past Activities, Forthcoming Events and Job Offers

click here for the newsletter: CONNEX newsletter – July 2007

or visit the CONNEX homepage at: www.connex-network.org

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We are pleased to announce the release of a new paper in our joint

working paper series EUROGOV (EUROPEAN GOVERNANCE PAPERS).

Please have a look at our website at

http://www.connex-network.org/eurogov/ where you will find the new

published paper:

– EUROGOV No. N-07-03 ‘Integration through de-legislation? An irritated

heckler’ written by Christian Joerges

Here is the abstract of the new paper:

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Christian Joerges: ‘Integration through de-legislation? An irritated

heckler’

This paper is about the difficult relationship between law and

governance in the European Union. The turn to governance which the Prodi

Commission has forcefully propagated is a continuation of much older

developments. By means of these developments the European Community (now

Union) has sought to compensate for the inadequacies found within its

institutional design (in particular, within the Community Method); a

design which has had constantly to be adapted to the ever more intense

and complex regulatory needs of the integration project. These constant

institutional innovations were functional necessities and the turn to

governance seems to be irresistible and irreversible. Such innovation,

however, is not easily reconcilable with the Union’s commitment to the

rule of law, or with the very idea of law-mediated, politically

accountable rule. These tensions are addressed in two steps. The first

concerns the national level and is a mainly methodological reminder:

many of the governing techniques that are today defined as governance

can also be found within national systems and were, furthermore, the

subject of intensive debate in the 80s within discussion on

proceduralizing and reflexive methodologies which sought to capture the

specifics of a – then so perceived – post-interventionist law. The

second step concerns the European Union. Here, a methodological approach

is insufficient. It must instead be accompanied by a

re-conceptualisation of European law as a new type of supranational

conflict of laws. This law seeks to realize what the Constitutional

Treaty had called the “motto of the Union”, namely a reconciliation of

“unity and diversity”. It is submitted that a re-conceptualisation of

European law in terms of conflict-of-laws would not only help to rescue

the rule of law but would also increase our capacity to cope with the

unresolved substantive tensions within the European polity.

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