Squaring the circle with mutual recognition? Demoi-cratic governance in practice

Abstract

This paper analyzes the experience of the EU with mutual recognition in the single market for goods and the European Arrest Warrant (EAW) as examples of multi-centered governance. In how far is it possible to respond to the functional needs for transborder mobility while protecting the choices of demoi and individual rights? Does the experience in the EU show that recognition of diversity is an alternative to harmonization and unity? The single goods market has developed far-reaching vertical elements falling short of a multi-centered regime. With a duty to recognize all rules, it may become meaningless to determine own rules. The EAW, in contrast, operates as a horizontal system but violates the rights of individuals, while honouring those of demoi.