Emilios Christodoulidis

Bio: Emilios Christodoulidis is an academic researcher from University of Glasgow. The author has contributed to research in topics: Politics & Philosophy of law. The author has an hindex of 13, co-authored 80 publications receiving 770 citations. Previous affiliations of Emilios Christodoulidis include University of Edinburgh.

On the Unity of European Labour Law

Abstract: This chapter examines European labour law. It focuses on the binding unity in European labour law and the divergence in terms of the competing interests of capital and labour. It addresses the following questions: In what sense precisely is the articulation of unity and divergence not problematic but instead productive for law? What are the ideological effects of this productivity? What strategic use can be made of the articulation — and at what level — of unity and divergence?

Introduction: Chile’s ‘constituent moment’

Abstract: The introduction looks at the constitutional situation in Chile since the demand for a new Constitution erupted in demonstrations all across the country, and argues that the notion of ‘constitutional moment’ is inadequate to capture the radicality of the popular mobilisation that is sweeping the country as a pure expression of constituent power.

Republican Constitutionalism and Reflexive Politics

Abstract: In this paper I take issue with and argue against a certain subordination of the political to the legal that, I argue, is advanced under theories or 'republican constitutionalism' and undertake a defense of the political as 'reflexive'. In republican constitutionalism one discerns an 'imperialistic' lega/move to set the terms of political discourse, as political conflicts in order to be legally resolved are forced to meet criteria of legal relevance: in the process much that is vital to political action, its understanding and undertaking, is suppressed, elided or appropriated. I argue against the purported 'containment' of politics in law and for a 'reflexivity' that is constitutive of politics, re-introducing contingency and self-reference ('what is political can only be a political question') at the heart of what it means to act politically.

The open method as a new mode of governance: the case of soft economic policy co-ordination

Abstract: Taking economic co-ordination in EMU as a starting point, this article explores the development of the open method of co-ordination, addressing whether it is a new form of governance from two related perspectives. First, to what extent can the method be effectively applied outside the scope of economic policy? Second, will it lead to policy transfer to the EU and hence act only as a transitional mode of governance? Identified at the Lisbon European Council, the method codified practices such as benchmarking, target-setting and peer review developed in the Luxembourg, Cardiff and Cologne processes. The method offers a new approach to governance of the EU as a heterarchical, decentred and dynamic process. It supports and radicalizes the principle of subsidiarity; offers an alternative to the treaty rules on enhanced co-operation; and addresses some of the legitimacy issues inherent in the EU. In EMU, the method arose out of a specific policy framework with a common monetary policy complemented by the coordination of national economic policies. The recent recommendation issued against Ireland is the first example of the operation of the method in EMU and shows how debate can be stimulated and how different and arguably equally valid perspectives defended. The particular experience of EMU with a sound money, sound finance paradigm, a long history of project-building by key elites and the central role of the European Council suggest similar conditions are required for the effective application of the method in other policy spheres. The context within which the method has operated to date is contingent and could change either over time or between policy fields. If so, the very openness of the method may serve to reconfigure the boundaries of competence between the Member States and the Union, after all.

Restorative justice The real story

Abstract: Advocates’ claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the...