Table of Contents: I. Introduction. – II. Individual horizontal clauses as an empty vessel. – II.1. Equality concerns incorporated in EU law-making before the horizontal clauses. – II.2. No autonomous function for horizontal equality clauses. – III. The contribution of horizontal clauses to the crossing. – III.1. An aid in the case-law of the ECJ...
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...
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...
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...
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...
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....
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...
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....
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:...
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...
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