The Rule of Law in the EU: Crisis, Differentiation, Conditionality

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Table of Contents: I. Introduction. – II. Differentiation: From pragmatic problem-solving to mode of governance. – II.1. Differentiated governance: The normalization of disintegration. – II.2. Getting to “a community of values and of laws”. – III. The rule of law crisis: From dialogues to conditionality. – III.1 Muddling through political dialogue:...

Differentiation in the EU Migration Policy: The 'Fractured' Values of the EU

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Table of Contents: I. Introduction. – I.1. From initial rejection to acceptance of differentiated integration as an institutional feature of the EU migration policy. – I.2. The “migration crisis” and the “fractured values” of the EU migration policy: differentiated integration as an indicator or a catalyst? – II. Differentiation as a governance tool...

Differentiated Governance in European Economic and Monetary Union: From Maastricht to Next Generation EU

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Table of Contents: I. Introduction. – II. The path of differentiation in the Maastricht Treaty. – III. The post-Maastricht path: the widening of differentiation. – III.1. Euro area types of governance. – III.2. Hybrid systems of governance that apply to the euro area and non-euro area Member States. – III.3. Intergovernmental treaties that apply to...

Introduction to the Special Section: Differentiated Governance in a Europe in Crises

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Table of Contents: I. Introduction. – II. Differentiated governance within the EU. – III. Brexit and differentiated governance outside the EU. – IV. Structure of this Special Section.

Abstract: This Article introduces the Special Section on “Differentiated Governance in a...

Regional Groups in the European Union: Mapping an Unexplored Form of Differentiation

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Table of Contents: I. Introduction. – II. Defining BURGs. – II.1. Institutionalized cooperation. – II.2. Currently active. – II.3. Only current EU member states. – II.4. Institutional separation from the EU. – II.5. Geographical proximity. – III. Comparing BURGs: Key variables. – III.1. Longevity, pre- or post-accession. – III.2. Institutional...

Exploring the Concept of Essential State Functions on the Basis of the CJEU’s Decision on the Temporary Relocation Mechanism

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Table of Contents: I. The grey zone of art. 4(2) TEU. – II. Highlighting art. 4(2) TEU variability: the CJEU’s case-law on the temporary relocation mechanism. – III. Exploring the concept of essential state functions. – III.1 Art. 4(2) TEU, national identities and essential state functions: two clauses, two separate concepts? – III.2. Essential...

The Identity of Union Law in Primacy: Piercing Through Euro Box Promotion and Others

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Table of Contents: I. Clear occasions. – II. Confirmation and advancement of rule of law value-dogmatics. – II.1. Voluntariness of accession, pre-legal normativity of values. – II.2. Updating the dogmatic of self-assertion under the rule of law. – II.3. Conclusion: working with protection obligations while restraining from intervening in the...

The International Representation of the Eurozone and of the Eurosystem: The Role of the ECB

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Table of Contents: I. The complex institutional balance in the external relations of the European monetary policy: legal bases. – II. The external relations of the European Union in international economic and monetary relations. – III. The external relations of the eurozone: the ECB as a representative of the Union and of the eurozone. – III.1....

Judicial Responses to Autocratic Legalism: The European Court of Justice in a Cleft Stick?

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Table of Contents: I. Introduction. – II. Autocratic legalism: a threat to the ECJ’s authority. – II.1. Autocratic counter-interpretations of Union law. – II.2. An autocratic contestation of the ECJ’s authority. – III. A constitutional response to a crisis of values. – III.1. A dynamic response to the formalism of autocratic legalism. – III.2. A...

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