The research project reconstructs conflicts over distribution and recognition within the EU, which have intensified during the Eurozone-crisis, as transnational solidarity conflicts. It analyzes particularly the role national and European constitutional courts play in these conflicts.
The Eurozone crisis is accompanied by a politicization of European governance. Transnational solidarity conflicts, which were pacified for a long time within the paradigm of a permissive consensus, have now developed a new quality. The tsc-project analyzes how these conflicts might be articulated and if constitutional courts may resolve them productively.
The research projects deals with the role of constitutional and apex courts in Germany, Greece, Ireland, Italy, Portugal and Spain as well as on the EU-level. It analyzes more than 100 judgements with regard to their management of transnational solidarity conflicts in the context of the Eurozone crisis.
The tsc-project pursues three research aims: (1) to describe the dynamics of transnational solidarity conflicts and the institutional possibilities of their articulation; (2) to understand the consequences of tsc in the deep structures of national constitutional law; (3) to provide a normative yardstick for the role of constitutional courts in tsc.
The research project is affiliated at the Goethe-University Frankfurt and will be conducted in an intensive collaboration with the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. It was launched on the 1st of March 2017 and is scheduled for five years.
Anuscheh Farahat's book "Transnational Solidarity Conflicts. A Comparative Study of how Constitutional Courts Deal with Eurozone Conflicts" has been released by Mohr Siebeck. The book develops, condenses and applies the theoretical perspective of the tsc-project. Anuscheh suggests understanding legal disputes surrounding the Eurozone crisis as transnational solidarity conflicts ...
The Limits of Solidarity in the jurisprudence of the German Federal Constitutional Court
In their recent article Anuscheh Farahat and Marius Hildebrand address the jurisprudence of the German Federal Constitutional Court during the Eurozone crisis. The article ist part of a special issue on solidarity of WSI-Mitteilungen and illustratively shows how a transnational solidarity conflicts-centered perspective allows to problematize the jurisprudence of the German Federal Constitutional Court during the peak of the global financial crisis ...
Teresa Violante's interpretation of the PSPP Ruling of the German Federal Constitutional Court
Teresa Violante has published an article in the German Law Journal. She argues how the PSPP ruling of the German Federal Constitutional Court has paved the way for a catching up politicisation of technocratic financial governance in Europe.