Abstract
Thirty years after the Europe of bits and pieces of the Maastricht Treaty, the EU legal system has evolved beyond fragmentation to accommodate institutionally structured forms of differentiation. This paper explores several types of new differentiation regimes and argues that they can coexist together without necessarily challenging the unity of the EU legal system. It analyses how the legal system has progressively been adapting to new integration pathways by internalising differentiation and reabsorbing the fragmentation of the Maastricht’s construction. Through the analysis of the Court’s jurisprudence and two case-studies in the areas of economic governance and defence it shows how different strands of differentiation can be blended together in ‘coherent’ differentiated regimes. The paper also considers future differentiation pathways after Brexit and emerging concerns as regards legitimacy and democratic accountability of a differentiated Union.
Highlights
As pointed out above, the future of the EU is being shaped around an increased use of opt-outs, enhanced cooperation and inter-se agreements
This paper explores several types of new differentiation regimes and argues that they can coexist together without necessarily challenging the unity of the EU legal system
The Court of Justice of the European Union (CJEU), often assisted by the legal services of the Commission, has traditionally insisted on maintaining that the Treaties and the legal and institutional order created by them forms an indivisible whole
Summary
The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world.
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