Constitutional courts and transnational solidarity conflicts

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.
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Conflict and conflict resolution

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.
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Research material

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.
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Research aims

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.
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Affiliation

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.
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News

  • "Contesting Austerity. A Socio-legal Inquiry into Resistance to Austerity"

    Workshop at the International Institute for the Sociology of Law

    On 6 and 7 June, the interdisciplinary workshop “Contesting Austerity. A Socio-legal Inquiry into Resistance to Austerity“ that we had conceived together with Xabier Arzoz, from the University of the Basque Country, has taken place at the Oñati Institute for the Sociology of Law. Over twenty European scholars have dealt with the political, societal and judicial implications of the eurozone crisis and the diverse modes of contesting austerity ...
  • Contesting Austerity. A Socio-Legal Inquiry into Resistance to Austerity

    Interdisciplinary workshop at the Oñati Institute for the Sociology of Law

    On 6 and 7 June the workshop “Contesting Austerity. A Socio-legal Inquiry into Resistance to Austerity“, we have organized together with Xabier Arzoz, will take place at the Oñati Institute for the Sociology of Law. The participants of the interdisciplinary workshop will deal with the political, societal and the judicial implications of the eurozone crisis and the diverse modes of contesting austerity ...
  • Brexit: Politicization and Disintegration of the EU

    Teresa Violante at the TV debate "Pros e Contras"

    On 26 November, Teresa Violante was a guest participant on the TV debate Prós e Contras on the Portuguese TV Channel RTP1. Together with Augusto Santos Silva, Gonçalo Matias, and others, she discussed the political and judicial implications of Brexit.
  • Solidarization and Fragmentation

    5. Meeting of the Working Group "Structural Change of Conflict Resolution in Europe"

    On 22 and 23 November, the working group “Structural Change of Conflict Resolution in Europe” met again in Heidelberg. This time, we discussed diverse dimensions of structural change of European governance, especially solidarization and fragmentation processes as well as phenomena of politicization and depoliticization ...
  • Relocation to Friedrich-Alexander University Erlangen-Nürnberg

    Anuscheh Farahat's Professorship for Public Law, Migration Law and Human Rights

    Anuscheh Farahat has been appointed professor for public law, migration law and human rights at Friedrich-Alexander University Erlangen-Nürnberg. Given Anuscheh’s new position in Erlangen, our research project will also move from Goethe-University Frankfurt to Friedrich-Alexander University Nürnberg-Erlangen by March 2019 ...
  • „Conflict Resolution in the European Monetary Union: Between Expertise and Democratization"

    4. Meeting of the Working Group "Structural Change of Conflict Resolution in Europe"

    The interdisciplinary working group "Structural change of conflict resolution in Europe" has met at the Max-Planck-Institut for comparative public law and international law" in Heidelberg on 3-4 May. A primary focus was the simultaneity of processes of politicization (on the level of civil society) and technocratization (on the level of the European institutional setting), which was discussed as a field of tension between expertise and democratization ...
  • "Constitutional Identity in Europe: Between recognition and conflict"

    Panel Talk Christoph Burchard, Anuscheh Farahat, Stefan Kadelbach und Liav Orgad

    On 24 April the Panel discussion "Constitutional Identity in Europe" which was organized by our project took place at Goethe University Frankfurt. Christoph Burchard, Anuscheh Farahat, Stefan Kadelbach and Liav Orgad contextualized the legal concept of constitutional identity with the political quest of national identity semantics ...
  • "The Politicization of Europe: Transnational Solidarity Conflicts and the Changing Structure of Economic Governance in the EU"

    Momentum Panel Talk with Mark Dawson and Anne Peters

    On 9 November we have discusses our project with Prof. Dr. Mark Dawson (Hertie School of Governance, Berlin) and Prof. Dr. Anne Peters (Max-Planck-Institute for Comparative Public Law and International Law) at a Momentum panel of the Max-Planck-Institute for Comparative Public Law and International Law at Humboldt-University Berlin ...
  • “Destructive or integrative? Conflict management by courts during the Eurozone crisis“

    Panel an der Jahreskonferenz der International Society of Public Law (ICON-S)

    On 5 July 2017, the tsc-team has organized the panel “Destructive or integrative? Conflict management by courts during the Eurozone crisis“ at the Annual Conference of the International Society of Public law (ICON-S) in Copenhagen. Jenny Preunkert (University of Oldenburg), Cristina Fasone (Guido Carli ...
  • "Structural change of conflict resolution in Europe"

    Third meeting of the working group

    The interdisciplinary working group “structural change of conflict resolution in Europe” met on  18-19 May at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. A primary focus were the multiple conflicts that manifested and intensified during the European economic and financial crisis ...
  • TSC-project launch

    The TSC-project was launched 1 March 2017. It 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. The research project will run for five years and is funded by the German Research Foundation (DFG) through its Emmy-Noether-Programme.

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