Panel I: EUROPE AS A CONTEXT OF JUSTICE

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Panel I: EUROPE AS A CONTEXT OF JUSTICE

"Europas Gerechtigkeit" - Achte Internationale Jahreskonferenz des Exzellenzclusters "Die Herausbildung normativer Ordnungen"

Donnerstag, 29. November 2015, 13.15 bis 15.15 Uhr

In times of crisis, we count on “normative orders” to live up to their own standards of justice and legitimacy—or to revise those standards in light of the challenges faced. But when it comes to the EU, there is massive disagreement as to what its standards of fairness, justice, and solidarity entail when it comes to solving financial or other crises. This panel thus asks: What are the justificatory standards by which we should measure EU policies, and how do we ground them? More precisely, what role does the EU play vis-à-vis national judicial systems and how can a European legal regime be justified? How should the EU be understood as a polity, and what principles of social justice—or solidarity—does it encompass?

Chair: Prof. Dr. Rainer Forst, Co-Director of the Cluster of Excellence “The Formation of Normative Orders” and Professor of Political Theory and Philosophy at the Goethe University Frankfurt.

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Rainer Forst is Professor of Political Theory and Philosophy at the Goethe University Frankfurt. He is Co-Director of both the Research Cluster on the ”Formation of Normative Orders”, and the Centre for Advanced Studies “Justitia Amplificata” and is a member of the Directorate of the Institute for Advanced Study in the Humanities in Bad Homburg. He has previously taught at the Free University Berlin, the New School for Social Research in New York and Dartmouth College. His work in moral and political philosophy focuses on questions of practical reason, justice and toleration; his major publications are Contexts of Justice (Suhrkamp 1994, Univ. of California Press 2002), Toleration in Confl ict (Suhrkamp 2003, Cambridge UP 2013), The Right to Justifi cation (Suhrkamp
2007, Columbia UP 2012), Justifi cation and Critique (Suhrkamp 2011, Polity Press, 2013), The Power of Tolerance (with W. Brown, Columbia UP 2014), Justice, Democracy and the Right to Justification (with Replies by Critics; Bloomsbury 2014) and Normativität und Macht (Suhrkamp 2015). In 2012 he received the Gottfried Wilhelm Leibniz Price of the German Research Foundation. He is a member of the Berlin-Brandenburg Academy of Sciences, Associate Editor of Ethics, a member of the Executive Editorial Committee of Political Theory and serves on the boards of numerous other international journals. He is co-editor of the book series “Theorie und Gesellschaft” and “Normative Orders” (Campus).

Chair: Prof. Dr. Klaus Günther, Co-Director of the Cluster of Excellence “The Formation of Normative Orders” and Professor of Legal Theory, Criminal Law and Criminal Procedure in the Faculty of Law at the Goethe University Frankfurt.

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Klaus Günther, born in 1957, is Professor of Legal Theory, Criminal Law and Criminal Procedure in the Faculty of Law at the Goethe University Frankfurt. Since 2007 he has been Co-Director of the Cluster of Excellence “The Formation of Normative Orders” (with Rainer Forst). He is a member of the board of directors of the Institute for Social Research in Frankfurt and Permanent Fellow of the Institute for Advanced Study in the Humanities of the Goethe University in Bad Homburg. Klaus Günther studied philosophy and law in Frankfurt. From 1983 to 1996 he was a research assistant and university assistant in Frankfurt in, inter alia, a DFG-funded legal theory working group (Leibniz-Programme) with Jürgen Habermas, where he received his doctorate in 1987. His habilitation in 1997 was followed by appointments to professorships at the EUI Florence and at the universities of Rostock and Zurich, which he declined. His most important publications include: Der Sinn für Angemessenheit (1988; English translation:The sense of ppropriateness, 1993; Portuguese translation 2004) and Schuld und kommunikative Freiheit (2005).

Vortrag 1
Prof. Kalypso Nicolaïdis (Professor of International Relations and director of the Center for International Studies at the University of Oxford)

How can a Demoicratic Polity be Just? The Puzzles of Solidarity, Reciprocity and Choice in the EU

Abstract
In order to suggest a grounded normative assessment of Europe as a context of justice, I characterize the European context as a demoicracy in the making, that is a Union of peoples who govern together but not as one. In such a polity, we must avoid two pitfalls. First that of apprehending social justice between European peoples simply as enlightened mutual advantage or reciprocity as the price to pay for sustained cooperation. The second is to fall in the mimetic fallacy which considers the EU as a polity akin to a state-writ-large with similar habits and rationale available to underpin the kind of socio-economic justice advocated by John Rawls. Instead, the EU needs to adopt principles of justice faithful to its commitment to national autonomy as well as to its progressively greater “togetherness.” What could be the building blocks for such an approach? First, to respect the EU’s liberal legitimacy these principles must not preempt the processes of democratic deliberation, both at the national and continental levels. Instead, they can serve as contested referents in a variety of localized democratic debates over the ends we deem desirable in the wielding of political power. Second, to respect the EU’s diverse sociological make up, such principles must be constrained by but not reduced to feelings of solidarity. Third, in light of the EU’s powers and actions, such principles need to build on fair reciprocity conditions to take into account the contribution afforded by the recognition by some (countries, peoples) of rules that disproportionately favor others. Finally, we need to consider the extent to which the choice that is made to belong to the EU or the Eurozone is effectively constrained to different degrees for different actors, and therefore deserves to be treated at least partially in the same way as the kind of nonvoluntary membership we fi nd in classic states which leads to redistributive obligations.

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Kalypso Nicolaïdis is Professor of International Relations and director of the Center for International Studies at the University of Oxford. She was previously associate professor at Harvard University’s Kennedy School of Government. She is chair of Southeastern European Studies at Oxford and Council member of the European Council of Foreign Relations. In 2012-2013, she was Emile Noel-Straus Senior Fellow at NYU Law School (2012-2013). In 2008-2010, she was a member of the Gonzales refl ection group on the future of Europe 2030 set up by the European Council. She also served as advisor on European affairs to George Papandreou in the 90s and early 2000s, the Dutch government in 2004, the UK government, the European Parliament, the European Commission, OECD and UNCTAD. She has published widely on international relations, global governance, trade ethics, law and democracy promotion, as well as the internal and external aspects of European integration in numerous journals including Foreign Affairs, Foreign Policy, The Journal of Common Market Studies, Journal of European Public Policy and International Organization. Her last books are Echoes of Empire: Memory, Identity and Colonial Legacies (ed w/ Sebe and Maas, IB Tauris), Normative Power Europe Revisited (ed w/ Whitman, Journal Confl ict and Cooperation) and European Stories: Intellectual Debates on Europe in National Context (ed w/ Lacroix, OUP, 2010). She is a graduate of Sciences-Po (1982) and received her PhD from Harvard in 1993. More information – including publications – can be found on her website: http://kalypsonicolaidis.com/

Vortrag 2
Dr. Lisa Herzog (Postdoctoral Researcher at the Cluster “Normative Orders” and the Institut für Sozialforschung, Frankfurt am Main)

Prices and Dignity in the Eurozone

Abstract
From its beginnings, the European Union has been both an aspirational political project and an economic project. But the relation between political values and economic processes has not always been clear. In this talk, I attempt to read the crisis of the Eurozone through the lens of the Kantian distinction between the notions of “price” and “dignity”. In the architecture of the Eurozone, prices and dignity are intertwined in complex ways: prices, especially prices in financial markets, were distorted by political measures, some of which were presented in a rhetoric of dignity. Human dignity became the plaything of the forces of markets that put the material precondition for a life in dignity at risk. Therefore, we need to reconsider the place and role of prices, and of the institutions that can secure human dignity, in our societies. To put it provocatively: in questions of institutional design, dignity without prices is blind, while prices without dignity are empty. Prices have a distinctive function in markets where they are supposed to signal scarcities and to bring about an effi cient allocation, including an effi cient allocation of risks. They cannot do so unless the risks of bankruptcy or defaults are carried by investors rather than the general public. This perspective also sheds light on how to defi ne the proper place of markets in the Eurozone – not from the perspective of property rights or economic liberties alone, but from a functional perspective, as conducive to a dignifi ed life of all citizens. Institutions that secure the material basis for human dignity, in contrast, need to be insulated from the play of market forces. Here, the solidarity of citizens can and should fi nd its place – for example in a European social insurance system that could be developed in a process of “democratic experimentalism” (Honneth) and institutional learning.

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Lisa Herzog is a postdoctoral researcher at the Cluster “Normative Orders” and the Institut für Sozialforschung, Frankfurt am Main, in the project “Moral agents in Financial Markets”. She studied philosophy, economics, politics and modern history at Munich and Oxford. She wrote her doctoral thesis at the University of Oxford as a Rhodes Scholar (Inventing the Market. Smith, Hegel, and Political Theory, Oxford University Press 2013). In 2014/15 she was a Postdoctoral Fellow at the Center for Ethics in Society, Stanford University. Her research interests lie at the intersection of philosophy and economics, including the history of economic and political thought and normative questions about economic institutions and economic phenomena. Currently, she focuses on ethics in organizations and normative questions about the fi nancial system. Recent works include “Ethik im Finanzsystem?” (Schwerpunkt in WestEnd. Neue Zeitschrift für Sozialforschung 1-2015, 65-120, edited with Sighard Neckel), “The Normative Stakes of Economic Growth. Why Adam Smith does not rely on ‘trickle down’” (Journal of Politics, accepted for publication), and “The Goods of Work – (other than money!)” (with Anca Gheaus, under review).

Vortrag 3
Prof. Dr. Christoph Burchard (Professor of Criminal Law and Procedure, International and European Criminal Justice, and Comparative Law and Legal Theory at the Goethe University Frankfurt am Main)

The Contexts of Europe as a Context of Justice – in Light of the Administration of Criminal Justice

Abstract
“Europe as a Context of Justice“ is after Europe as a justificatory means, procedure or standard for the governance by, with and for individuals. Therefore, “Europe as a Context of Justice“ is – or so goes my foundational hypothesis – in need of further contextualization. For Europe unites divergent (vertical, horizontal or diagonal; national, supranational or transnational) modes of governance, which need to be focused in detail for their qualifi cation as just or unjust (e.g. in light of possible democratic defi cits or shortcomings in the protection of human rights). In my contribution, I will exemplify the relevance of the contexts of Europe as a Context of Justice with a view to the administration of (in the wider sense) criminal justice “in” Europe; or more concretely, in the EU’s common space of freedom, security and justice. In my eyes, different justificatory challenges and potentials (be they in degree or in kind) come into play when we look e.g. to the supranational enforcement of EU antitrust regulations, to a possible European Public Prosecutor’s Office, or to the national administration of criminal justice in the Member States. With regard to the latter, the European legal order becomes more and more important, especially when the Member States wield extraterritorial powers via the mutual recognition principle (think of the European Arrest Warrant). For these extraterritorial powers, which are facilitated by, but not per se rooted in the EU, need checks and balances. And these checks and balances are in turn provided for by European constitutional law (like the Charter of Fundamental Rights), which thus becomes a justificatory standard for the national administration of criminal justice.

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Christoph Burchard is Professor of Criminal Law and Procedure, International and European Criminal Justice, and Comparative Law and Legal Theory at the Goethe University Frankfurt am Main. He is also a Principal Investigator at the Cluster of Excellence “The Formation of Normative Orders“. Previously, he was visiting professor at the Ludwig Maximilians University Munich. He received his Dr. iur. from the University of Passau in 2007 and his Habilitation from the University of Munich in 2015. He also holds an LL.M. from NYU School of Law. He heads a research network, funded by the German Research Foundation, on the “role of comparative criminal law in the Europeanization of criminal justice”, and has published inter alia on the Internationalization and Europeanization of criminal justice in German, Spanish and English, including in the Leiden Journal of International Law, the New Journal of European Criminal Law and the Journal of International Criminal Justice. His research focus lies on the foundations of international and European criminal justice. More information – including publications – can be found on his website: www.jura.uni-frankfurt.de/burchard.