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European Papers is glad to announce the publicaton of the following contributions in the next issues of the e-Journal.
...PESCO as a Game-Changer for Differentiated Integration in CSDP after Brexit
e-Journal- 440 views
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....
With or Without EU: Differentiated Integration and the Politics of Post-Brexit EU-UK Security Collaboration
e-Journal- 519 views
Table of Contents: I. Introduction. – II. Post-Brexit security and defence cooperation as differentiated disintegration – III. Theresa May and the proposed “security partnership”. – IV. The trade and cooperation agreement and beyond. – V. The war in Ukraine: A game changer? – VI. Conclusion.
Abstract:...
Brexit, EU Financial Markets and Differentiated Integration
e-Journal- 420 views
Table of Contents: I. Introduction. – II. Differentiated law prior to Brexit. – III. Regime complexity and EU relations with non-Member States. – IV. The five worlds of financial market regulation. – IV.1. Securities and assets law and regulation. – IV.2. Banking law and regulation. – IV.3. Financial reporting law and regulation. – IV.4. Company law...
Flexible Solidarity in the New Pact on Migration and Asylum: A New Form of Differentiated Integration?
e-Journal- 666 views
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...
Does Soft Law Trigger Differentiation and Disintegration?
e-Journal- 422 views
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...
Brexit the Ultimate Opt-out: Learning the Lessons on Differentiated Integration
e-Journal- 381 views
Table of Contents: I. Introduction. – II. Conceptual confusion. - III. Learning the lessons on differentiated integration. – III.1. The advent of Brexit. – III.2. The challenge for the future. – IV. Conclusion.
Abstract: Historically, the use of differentiated integration mechanisms has been based...
Accommodating Diversity through Legislative Differentiation: An Untapped Potential and an Overlooked Reality
e-Journal- 461 views
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
e-Journal- 305 views
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
e-Journal- 339 views
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...
New Options for Differentiated Integration in the European Union: Introduction to the Special Section
e-Journal- 409 views
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...
A Common Security and Defence Policy: Limits to Differentiated Integration in PESCO?
e-Journal- 529 views
Table of Contents: I. Introduction. – II. CSDP: Between a common and differentiated policy. – II.1. CSDP as a common policy of the EU. – II.2. Differentiated integration in CFSDP. – III. PESCO’s microcosm of differentiated integration. – III.1. The awakening of the “Sleeping Beauty”. – III.2. Participation in PESCO. – III.3. PESCO projects. – IV....
PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea
Insight- 667 views
Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...
Simple Abstention and Constructive Abstention in the Context of International Economic Sanctions: Two Too Similar Sides of the Same Coin?
Insight- 697 views
Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...
