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...

This paper is essentially a translation of a comment in German (Joerges 2000) on a series of articles in which Rainer Schmalz-Bruns (1998, 1999a, 1999b) developed a concept of legitimate governance beyond the constitutional state, which he called deliberative supra-nationalism and contrasted...

It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the...

Europe continues to search for its – 'European' – social model and the, search seems to become increasingly urgent. It is no longer just the 'democratic deficit', but also and alongside it, the 'social deficit' of the EU which needs to be cured. That new concern is, in fact, a rejection of...

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...

This paper seeks to synthesise two concerns which are usually discussed separately One concerns the much discussed democracy deficit of the European polity. In this respect, it is considered that the democratic quality of the EU needs to be discussed in conjunction with Europe’s potential to...