Projects

The sixth and last subproject builds on one of the central insights of the conception of solidarity emphasized in subproject 1: Solidarity within the Euro-zone does not only allude to financial trade-off, but to mutual social recognition among the member states and social groups in different member states. Therefore, solidarity is more than the mere compensation of disparate costs of adaptation necessary for the realization of a common transnational political order. In fact, it is about the mode and the criteria for securing social recognition within this transnational order.

This insight is crucial for the possibilities of judicial conflict resolution.

• Which form of recognition (judicial or social) are courts able to provide? What are the appropriate procedural instruments, doctrinal patterns and forms of decision-making for generating recognition among individuals and among states?
• Are the courts examined in our project able to do so with regard to their procedural possibilities and the material principles of their constitutional order?

Finally, we develop a normative framework on the basis of subproject 5 and 6, which will allow for assessing the legitimate functions of constitutional courts within TSC.