The Many Faces of Differentiation in EU Law

The Many Faces of Differentiation in EU Law
Author: Bruno de Witte
Publisher: Intersentia nv
Total Pages: 404
Release: 2001
Genre: European federation
ISBN: 905095152X

The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to cooperate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation. The contributions are made by Dominik Hanf, José M. de Areilza, Jean-Victor Louis, Sean Van Raepenbusch, Ludwig Kramer, Georgia Papagianni, Grainne de Burca, Ellen Vos, Linda Senden, Sacha Prechal, Wouter Devroe, Deirdre Curtin, Bruno De Witte, Eddy De Smijter en Jan Wouters.

The Constitutional Framework for Enhanced Cooperation in EU Law

The Constitutional Framework for Enhanced Cooperation in EU Law
Author: Robert Böttner
Publisher: BRILL
Total Pages: 409
Release: 2021-02-15
Genre: Law
ISBN: 9004459154

The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

Enhanced Cooperation and European Tax Law

Enhanced Cooperation and European Tax Law
Author: Caroline Heber
Publisher: Oxford University Press
Total Pages: 545
Release: 2021-06-17
Genre: Law
ISBN: 0192653334

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Flexibility and European Unification

Flexibility and European Unification
Author: Alkuin Kölliker
Publisher: Rowman & Littlefield
Total Pages: 360
Release: 2006
Genre: History
ISBN: 9780742536135

Based on a theory of differentiated integration, this book investigates the dynamics of flexible European integration across EU policies and member states. By doing so, it provides a theory-based, comprehensive, and an empirical account of European integration from the perspective of legal differentiation.

Flexible Integration

Flexible Integration
Author: Alex Warleigh
Publisher: A&C Black
Total Pages: 148
Release: 2002-07-01
Genre: Political Science
ISBN: 9780826460936

Flexibility is emerging as a key dynamic of European integration. This shift towards flexibility has major implications. The EU will have to cope with more complexity and less transparency. It also affects the way in which European integration is viewed since it makes a state-like outcome to the process far less likely. Alex Warleigh looks at why flexibility has become such an important feature of the EU. He examines its history, and puts forward a typology to explain the models by which it is understood. He goes on to explore the hazards of flexibility and to look at what it has to offer, arguing that it is best seen as a desirable part of the integration process rather than as a problem. Flexibility, he argues is an important mechanism for the realization of the EU's slogan "unity in diversity."

Constitutional Change in the EU

Constitutional Change in the EU
Author: Gráinne de Búrca
Publisher: Hart Publishing
Total Pages: 400
Release: 2000-06
Genre: Law
ISBN: 1841131032

This book addresses the changing constitutional framework of the EU and the changing patterns of governance within this complex polity.

The Treaty of Nice

The Treaty of Nice
Author: Finn Laursen
Publisher: BRILL
Total Pages: 581
Release: 2006
Genre: Law
ISBN: 9004148205

This book gives a detailed analysis of the making of the Treaty of Nice, the current treaty of the European Union, adopted in 2000. It analysis the interests and strategies of the various actors, including the 15 Member States, during the negotiations and tries to explain the main institutional changes: re-weighting of votes in the Council of Ministers, future changes in the composition of the European Commission, extended use of qualified majority voting and easier conditions for a smaller group of Member States going faster in the integration process ('enhanced cooperation').

Flexible Integration

Flexible Integration
Author: Alex Warleigh
Publisher: Bloomsbury Publishing
Total Pages: 142
Release: 2002-07-01
Genre: Political Science
ISBN: 0567419053

Flexibility is emerging as a key dynamic of European integration. This shift towards flexibility has major implications. The EU will have to cope with more complexity and less transparency. It also affects the way in which European integration is viewed since it makes a state-like outcome to the process far less likely. Alex Warleigh looks at why flexibility has become such an important feature of the EU. He examines its history, and puts forward a typology to explain the models by which it is understood. He goes on to explore the hazards of flexibility and to look at what it has to offer, arguing that it is best seen as a desirable part of the integration process rather than as a problem. Flexibility, he argues is an important mechanism for the realization of the EU's slogan "unity in diversity".

The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy
Author: Martin Trybus
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2012-01-01
Genre: Law
ISBN: 085793256X

'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.