Reconciling European integration and national sovereignty with a conflict of laws method: conceptually compelling, practically problematical?

[Summary of report containing this chapter:] The report is based on the proceedings from a conference of RECON’s WP 9 at the European University Institute in Florence. It deals with new approaches to supra- and transnational law-generating structures. These new approaches, namely Christian Joerges’ theoretical concept based upon the conflict of laws methodology, and additional ideas of constitutional pluralism and of participatory transnational governance, are discussed from private, public and international law perspectives. They strive to conceptualise – in legal categories – the efforts to re-constitute democratic governing in post-national constellations. The volume seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.

RECON Report No. 7