In the context of the so called "crisis" of Europe --- constitutional, political, social, economic, existential---"jurisdictional conflicts" are developing among courts, and specifically among the German Federal Constitutional Court (notably, the BVerfG decision of 5 May 2020 on the European Central Bank "Pandemic Emergency Purchase Program") and the Court of Justice of the European Union (notably, the Weiss decision of 2018 on a similar Purchase Programme by the European Central Bank). They are conflicts not only about competences (EU and Member States) but also about proportionality, balancing and the so called responsibility to integration; they are conflicts that go towards reshaping the role of the courts and the role of the legislature and politics in Europe. This project is an analysis of these conflicts and their meaning in terms not just of "nationalism" (the German Constitutional Court defending sovereign powers) but of "pluralism".
The methodology is Interdisciplinary. It includes: EU law, comparative law, international law, comparative constitutionalism, legal theory and philosophy, sociology of law, economics and political science and history (see Niglia 2013, 2018, 2020 forthcoming).
Also, interpretations of the BVerfg decision of 5 May 2020 in French, German, Italian, Portuguese and Spanish scholarship will be analysed in relation to comparative understandings of law and legal cultures (Legrand, Teubner) and of pluralism in European law and legal thought (Niglia 2013, 2018).
Innovation: beyond law/politics and law/economics, analysis of law in relation to its context.