Sociological Shortcomings and Normative Deficits of Regulatory Competition

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 157-168 | Article | (Table of Contents) I. Back to the beginnings: the origins of a new paradigm. - II. The conceptual gist of the controversy. - III. "Back to the Nation State" or "More Europe": Wolfgang Streeck v. Jürgen Habermas. - IV. Institutionalising the united in diversity vision. - V. Instead of an epilogue. | (Abstract) This Article proposes a counter-vision to the regulatory competition model, by building upon conflict-laws constitutionalism. This counter-vision seeks to replace the governance via competitive processes with deliberative political interactions. The approach institutionalizes the United in Diversity slogan, representing a sort of third way between the "back to the nation State" idea, strongly supported by Streek and other commentators, and the Habermasian "More Europe".

Keywords

• regulatory competition
• united in diversity
• european social model
• varieties of capitalism
• streek
• habermas