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Between Flexibility and Disintegration

The Trajectory of Differentiation in EU Law Edited by Bruno De Witte, Professor of European Union Law, Maastricht University, the Netherlands, part-time Professor, European University Institute (EUI), Italy and Co-director, Maastricht Centre for European Law, Andrea Ott, Associate Professor of European Union Law, Law Faculty, Maastricht University, the Netherlands and Jean Monnet Chair in EU Law and Ellen Vos, Professor of European Union Law, Law Faculty, Maastricht University, the Netherlands and Co-director, the Maastricht Centre for European Law
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.
Extent: 448 pp
Hardback Price: $180.00 Web: $162.00
Publication Date: 2017
ISBN: 978 1 78347 588 9
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Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.

Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy.

Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration.
Contributors: V. Borger, D. Curtin, M. Dawson, M. de Visser, B. De Witte, A. Durana, N. El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S. Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M. Weimer

Contents

Introduction
Bruno De Witte, Andrea Ott and Ellen Vos

Part I: Institutional Dimension
1. Variable Geometry and Differentiation as Structural Features of the EU Legal Order
Bruno De Witte

2. Competing Models for Understanding Differentiated Integration
Daniel Thym

3. Enhanced Cooperation: The Cinderella of Differentiated Integration
Steve Peers

4. Modes of Flexibility: Framework Legislation v ‘Soft’ Law
Mark Dawson and Alieza Durana

5. Differentiated Representation: Is a Flexible European Parliament Desirable?
Deirdre Curtin and Cristina Fasone

6. Differentiation through Accession Law: Free Movement Rights in an Enlarged European Union
Andrea Ott

7. Flexibility and Differentiation: A Plea for Allowing National Differentiation in the Fundamental Rights Domain
Maartje de Visser and Anne Pieter van der Mei 
 
Part II: Policy-specific Aspects
8. Differentiated Integration in EMU
Stefaan Van den Bogaert and Vestert Borger

9. Differentiated Integration in the Field of Economic and Monetary Policy and the Use of “(Semi-)Extra” Union Legal Instruments – The Case for “Inter Se Treaty Amendments”
Christoph Herrmann

10. European Banking Union and the EU Single Financial market: More Differentiated Integration, or Disintegration?
Eilís Ferran

11. The Financial Transaction Tax Project
Pieter Van Cleyenbreugel and Wouter Devroe

12. Differentiated Integration or Uniform Regime? National Derogations from EU Internal Market Measures
Ellen Vos and Maria Weimer

13. Flexibility in EU Environmental Law and Policy: A Response to Complexity, or Fig Leaf for Expediency?
Suzanne Kingston

14. The Perils of Differentiated Integration in the Field of Asylum
Nadine El-Enany

15. Between Flexibility and Disintegration in EU Criminal Law
Ester Herlin-Karnell

16. Foreign Policy between Opt-outs and Closer Cooperation
Panos Koutrakos

Index