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4 Eur. L. Open 1 (2025)

handle is hein.journals/eurlwop4 and id is 1 raw text is: 

European Law Open (2025), 4, 1-6                                   CAMBRIDGE
doi:10.1017/elo.2025.13                                             UNIVERSITY PRESS

DWALOGUE   AND   DEBATE:  SYMPOSIUM ON LAW, CONFLICT AND
TRANSFORMAION -NE WORK OF CHRISTIAN JOERGESK


Law, conflict and transforrnation: debating European
law and policy

Anna  Beckers1   and Vladimir  Bogoeski2.
'Maastricht University, Maastricht, The Netherlands and 2University of Amsterdam, Amsterdam, The Netherlands
Corresponding author: Vladimir Bogoeski; Email: v.bogoeski@uva.nl
(Received 5 February 2025; accepted 20 February 2025)
Keywords: EU Law; conflicts-law constitutionalism; Economic Constitution; Christian Joerges


European  law  is at a critical turning moment, both internally within the Union and externally
with respect to its place in the world. Following major global and EU  crises and conflicts, the
place of the EU and its law becomes increasingly debated, contested and reconfigured. This may
be a good moment   to reflect, revisit and debate the fundamental theoretical concepts that have
shaped  the discourse around EU  law, to investigate their legacy and their relevance and validity
for today's changing legal and policy landscape. This symposium  centres on Christian Joerges's
work   on  conflicts-law constitutionalism,  recently  compiled  in  the  book   'Conflict and
Transformation'.1  Our  aim  is to spark discussion on  the critical notions and concepts  that
shaped  a pivotal period in European law  and to explore how  they might contribute to current
debates about the role of the EU, Europe, and its legal and policy frameworks both internally and
in the global setting.
   The  contributions  are taking  two distinct perspectives. First, they explore what   is the
intellectual, political and legal legacy of the theoretical approach imagining European laws as
conflict of laws, and how  this conceptual  apparatus  can and  should be  used to understand
current  conflicts within  the  EU.  Second,  how   can  conflicts-law constitutionalism  help
understand  the future and, specifically, the role of the EU in an ever-more differentiated and
fragmented  world  in which  conflicts play a central role?


L  The  legacy  of conflicts-Iaw constitutionalisrn  within  Europe
Christian Joerges's idea of conflicts-law constitutionalism developed at a particular time and
within a particular conflicting space in the EU. It was a proposal made against the background of
an experienced 'dark history' in Europe and was developed in the particular intellectual context of
the 1960s.2 It rests on earlier, quite revolutionary, new approaches to private international law, ie,
Rudolf  Wieth6lter's proposal to view conflict of laws beyond the technical confines of private





  1C Joerges, Conflict and Transformation: Essays on European Law and Policy (Hart Publishing 2023).
  2For a broader context, see C Joerges and NS Ghaleigh (eds), Darker Legacies of Law in Europe: The Shadow of National
Socialism and Fascism over Europe and its Legal Traditions (Hart Publishing 2003).
© The Author(s), 2025. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative
Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and
reproduction, provided the original article is properly cited.

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