New Options for Differentiated Integration in the European Union: Introduction to the Special Section

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Abstract: This Article provides insights into the question of whether there is a tension between commonness and differentiation in EU policies, in particular post-Brexit. Brexit triggered new discussions on so-called differentiated integration (DI) in the European Union. Not only was Brexit perceived as a potential tool to...

Flexible Solidarity in the New Pact on Migration and Asylum: A New Form of Differentiated Integration?

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Table of Contents: I. Introduction. – II. The evolution of differentiated integration in the field of asy-lum. – III. Flexible solidarity in the New Pact on Migration and Asylum. – III.1. The Proposal for a Regu-lation on Asylum and Migration Management: A fresh start? – III.2. The management of flexible soli-darity. – III.3. Return sponsorship: A...

PESCO as a Game-Changer for Differentiated Integration in CSDP after Brexit

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Table of Contents: I. Introduction. – II. PESCO and differentiated integration in European Defence – II.1. Approaching the definition of differentiated integration. – II.2. Pre-PESCO landscape. – II.3. Differentiated integration via PESCO. – III. The participation of third States. – IV. Strategic Review 2020. – V. Conclusions....

Does Soft Law Trigger Differentiation and Disintegration?

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Table of Contents: I. Introduction. – II. Basic assumptions regarding crises, soft law and differentiation. – III. The dynamics of soft law, differentiation/disintegration: Three scenarios. – III.1. Soft law, territorial differentiation, disintegration. – III.2. Soft law, territorial differentiation, integration. – III.3. Soft law, uniformly applied...

Accommodating Diversity through Legislative Differentiation: An Untapped Potential and an Overlooked Reality

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Table of Contents: I. Introduction. – II. Potential for legislative differentiation: Space offered by the EU legislature. – II.1. Comparing the GDPR and the SAD. – II.2. Legislative contexts. – II.3. Zooming in: Identifying discretion. – III. Using the potential: Member States’ implementation. – IV. Alternative to differentiated integration? – IV.1...

The Legal Space for Structural Differentiation in the EU: Reciprocity, Interconnectedness and Effectiveness as Sources of Constitutional Rigidity

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Table of Contents: I. Introduction. – II. Sources of rigidity. – II.1. Omnidirectional reciprocity as a source of rigidity. – II.2. Interconnectedness as a source of rigidity. – II.3. Effectiveness as a source of rigidity. – II.4. The clash between rigidity and the dynamics of differentiation. – III. Brexit insights for future attempts at structural...

The Instrument of Enhanced Cooperation: Pitfalls and Possibilities for Differentiated Integration

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Table of Contents: I. Introduction. – II. Setting the scene: Use and “non-use” of enhanced cooperation. – III. Legal framework for enhanced cooperation. – III.1. Establishing of enhanced cooperation. – III.2. The implementation of enhanced cooperation. – IV. On a related note: Pre-Brexit negotiations and differentiation. – V. Outlook: Dusk or dawn...

The European Union in Crisis: What Should the Member States Do?

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Table of Contents: I. Introduction – II. The persistence of serious crises – III. The feasibility of three suggested options for the future of Europe – IV. Some comments on the current political reality – V. My personal suggestions – VI. Conclusion.

Abstract: The European Union has suffered for...

Pagine

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo