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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Image: © Flavia Camilleri / PhotoVogue Collection / Art + Commerce

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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Image: : © Flavia Camilleri / PhotoVogue Collection / Art + Commerce
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News

  • Out now

    Chapters in: Substantive Accountability in Europe's New Economic Governance

    Anuscheh Farahat and Teresa Violante contributed chapters to a book on “Substantive Accountability in Europe’s New Economic Governance” edited by Mark Dawson and published with Cambridge University Press. Teresa Violante wrote about “Judicial Accountability of Financial Assistance in the Case of Eurozone Debtor Countries” and Anuscheh Farahat on “Adjudicating Transnational Solidarity Conflicts" ...

  • "Transnational Solidarity in Crisis: How Law Shapes Critical Transformations of Our Time"

    Final Workshop from 23 - 25 November 2022

    From 23 to 25 November 2023, a workshop on transnational solidarity in crisis was organised by Anuscheh Farahat, Teresa Violante and Marius Hildebrand at the Friedrich-Alexander University in Erlangen. The conference was enriched by numerous presentations, in which both the completed work of the TSK project and the proposed drafts of the assembled researchers on the topic of solidarity and crisis were discussed ...

  • Out now

    Contesting Austerity: A Social-Legal Inquiry

    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 ...

  • Transnational Solidarity Conflicts. A Comparative Study of how Constitutional Courts Deal with Eurozone Conflicts

    Anuscheh Farahat's book - hot of the press!

    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 ...

  • "Democracy for Germany, Austerity for Europe?"

    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 ...

  • "Bring Back the Politics: The PSPP Ruling in Its Institutional Context"

    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.

  • The German Federal Constitutional Court and the European Legal Space

    Anuscheh Farahat's contribution to "The Max Planck Handbooks in European Public Law"

    In March, the third volume of the "Max Planck Handbooks in European Public Law" edited by Armin von Bogdandy, Peter M. Huber und Christoph Grabenwarter was published. The volume entails a contribution by Anuscheh Farahat adressing the adjudication of the German Federal Constitutional Court ...

  • "Solidarity Conflicts in the EU: Crisis or Resource?"

    Workshop at FAU Erlangen-Nürnberg

    On 4 February 2020 the workshop "Solidarity Conflicts in the EU: Crisis or Resource?" organized by Sabrina Ragone and Anuscheh Farahat took place at FAU Erlangen-Nürnberg. Marco Borraccetti, Tamar Hostovsky-Brandes and Stefan Wallaschek presented their research on solidarity in Europe, its political and societal potentials but also its conflictual nature ...

  • Call for Papers "Human Rights Overreach"

    Workshop at FAU Erlangen-Nürnberg

    On 1 und 2 July 2020 Ingrid Leijten and Anuscheh Farahat organize a workshop on "Human Rights Overreach". Prof. John Tasioulas (King’s College London) and Prof. Sarah Joseph (Monash University, Melbourne) will hold a keynote lecture to kick off and end the workshop ...

  • "From crisis to resilience: the financial assistance programme for Portugal"

    Teresa Violante's talk at the conference "Institutions for managing the crisis of company, the bank and the State" at the University of Siena

    Teresa Violante has participated at the conference "Institutions for managing the crisis of the company, the bank and the State" which took place at the University of Siena from 16 to 18 September. Her presentation “From crisis to resilience: the financial assistance programme for Portugal” addressed the challenges and successes of State indebtedness management in Portugal since the outbreak of the economic crisis ...

  • "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 ...
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