Between flexibility and disintegration : the trajectory of differentiation in EU law
International law European Union countries
Edward Elgar Pub.
2017
EISBN 9781783475896
Contents: Introduction / Bruno de Witte, Andrea Ott and Ellen Vos.
Part I: Institutional dimension.
1. Variable geometry and differentiation as structural features of the EU legal order / Bruno de Witte.
2. Competing models for understanding differentiated integration / Daniel Thym.
3. Enhanced cooperation: the Cinderella of differentiated integration / Steve Peers.
4. Modes of flexibility: framework legislation v 'soft' law / Mark Dawson and Alieza Durana.
5. Differentiated representation: is a flexible European Parliament desirable? / Deirdre Curtin and Cristina Fasone.
6. Differentiation through accession law: free movement rights in an enlarged European Union / Andrea Ott.
7. Flexibility and differentiation: a plea for allowing national differentiation in the fundamental rights domain / Maartje de Visser and Anne Pieter van der Mei.
Part II: Policy-specific aspects.
8. Differentiated integration in EMU.
Stefaan van den bogaert and vestert borger.
9. Differentiated integration in the field of economic and monetary policy and the use of "(semi-)extra" union legal instruments - the case for "inter se treaty amendments" / Christoph Herrmann.
10. European banking union and the EU single financial market: more differentiated integration, or disintegration? / Eilís Ferran.
11. The financial transaction tax project / Pieter van Cleyenbreugel and Wouter Devroe.
12. Differentiated integration or uniform regime? national derogations from EU internal market measures / Ellen Vos and Maria Weimer.
13. Flexibility in EU environmental law and policy: a response to complexity, or fig leaf for expediency? / Suzanne Kingston.
14. The perils of differentiated integration in the field of asylum / Nadine El-Enany.
15. Between flexibility and disintegration in EU criminal law / Ester Herlin-Karnell.
16. Foreign policy between opt-outs and closer cooperation / Panos Koutrakos.
Index.
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration.
Part I: Institutional dimension.
1. Variable geometry and differentiation as structural features of the EU legal order / Bruno de Witte.
2. Competing models for understanding differentiated integration / Daniel Thym.
3. Enhanced cooperation: the Cinderella of differentiated integration / Steve Peers.
4. Modes of flexibility: framework legislation v 'soft' law / Mark Dawson and Alieza Durana.
5. Differentiated representation: is a flexible European Parliament desirable? / Deirdre Curtin and Cristina Fasone.
6. Differentiation through accession law: free movement rights in an enlarged European Union / Andrea Ott.
7. Flexibility and differentiation: a plea for allowing national differentiation in the fundamental rights domain / Maartje de Visser and Anne Pieter van der Mei.
Part II: Policy-specific aspects.
8. Differentiated integration in EMU.
Stefaan van den bogaert and vestert borger.
9. Differentiated integration in the field of economic and monetary policy and the use of "(semi-)extra" union legal instruments - the case for "inter se treaty amendments" / Christoph Herrmann.
10. European banking union and the EU single financial market: more differentiated integration, or disintegration? / Eilís Ferran.
11. The financial transaction tax project / Pieter van Cleyenbreugel and Wouter Devroe.
12. Differentiated integration or uniform regime? national derogations from EU internal market measures / Ellen Vos and Maria Weimer.
13. Flexibility in EU environmental law and policy: a response to complexity, or fig leaf for expediency? / Suzanne Kingston.
14. The perils of differentiated integration in the field of asylum / Nadine El-Enany.
15. Between flexibility and disintegration in EU criminal law / Ester Herlin-Karnell.
16. Foreign policy between opt-outs and closer cooperation / Panos Koutrakos.
Index.
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration.
