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 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...

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...

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...

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...

Brexit, EU Financial Markets and Differentiated Integration

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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...

With or Without EU: Differentiated Integration and the Politics of Post-Brexit EU-UK Security Collaboration

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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:...

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....

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...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo