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...
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. 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. 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...
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....
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...
Table of Contents: I. Introduction. – II. Expanding the single market with(out) the EU enlargement. – II.1 EEA contribution. – II.2 CEECs transformative experience. – III. WB-EU economic integration and (limited) access to the single market. – III.1 SAP as a (new) frame of enlargement. – III.2 Way forward perspectives. – IV. Concluding remarks....
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