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.
The book „Contesting Austerity: A Social-Legal Inquiry“ edited by Anuscheh Farahat and Xabier Arzoz has been published by Hart Publishing. The book originates from the eponymous workshop we had organized at the Oñati International Institute for the Sociology of Law in June 2019. It addresses the different forms of austerity during the European economic and financial crisis and analyses how political and legal institutions, but also civil societal actors contested or upheld this dominant political paradigm. It aims to enhance understanding of how these constellations impact the democratic quality of political debates, the trust in public institutions and the legitimacy of law. The 16 chapters focus on payment and pension cuts, labour law reforms and old and new forms of poverty and put emphasis on the democratic, legal, and societal implications of austerity conflicts.
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