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Flexible Integration is a model of reform designed to overcome the current stalemate between federalists and anti-federalists. It introduces more flexibility to accommodate the heterogeneous interests in Europe without risking the gains achieved through past integration. Flexible integration combines firm commitment by all members to a supranational common baseincluding a well-defined set of competences related to the Single Market - with optional integration in other areas through open partnerships.
Based on a theory of differentiated integration, this book investigates the dynamics of flexible European integration across EU policies and member states. By doing so, it provides a theory-based, comprehensive, and an empirical account of European integration from the perspective of legal differentiation.
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.
"The Routledge Handbook of Differentiation in the European Union offers an essential collection of ground-breaking chapters reflecting on the causes and consequences of this complex phenomenon. With contributions from key experts in this sub-field of European Studies, it will become a key volume used for those interested in learning the nuts and bolts of differentiation as a mechanism of (dis)integration in the European Union, especially in the light of Brexit. Organised around five key themes, it offers an authoritative 'encyclopaedia' of differentiation and addresses questions such as:
Far from displaying a uniform pattern of integration, the European Union varies significantly across policy areas, institutional development and individual countries. Why do some policies such as the Single Market attract non-EU member states, while some member states choose to opt out of other EU policies? In answering these questions, this innovative new text provides a state-of-the-art introduction to the study of European integration. The authors introduce the most important theories of European integration and apply these to the trajectories of key EU policy areas – including the single market, monetary policy, foreign and security policy, and justice and home affairs. Arguing that no single theory offers a completely convincing explanation of integration and differentiation in the EU, the authors put forward a new analytical perspective for describing and explaining the institutions and policies of the EU and their development over time. Written by a team of prominent scholars in the field, this thought-provoking book provides a new synthesis of integration theory and an original way of thinking about what the EU is and how it works.
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.
This edited volume brings together some of the most important scholarly perspectives – in the form of both journal article reprints and original contributions – on the structure and dynamics of the EU’s multi-layered relations with its Eastern neighbours within the Eastern Partnership (EaP) framework and beyond. In May 2019, the EU’s EaP – an ambitious and sophisticated policy framework, conjoining elements of cooperation and integration, with the EU’s six eastern neighbours, i.e. Ukraine, Belarus, Moldova, Georgia, Armenia and Azerbaijan – turned ten years. This anniversary, in conjunction with repeatedly voiced critique by scholars and policy-makers alike regarding the framework’s effectiveness and utility, led the EU to submit the EaP to a fundamental auditing and revision. Structured around both enduring and emerging issues in the broader EU-Eastern neighbourhood framework, this book provides a retrospective analysis of key structural and relational challenges, unfolding regional dynamics, distinctive forms of bilateral/multilateral engagement, whilst also offering a critical perspective on the contested future relations between the EU and its Eastern neighbours. Looking backwards and providing a critical and thorough assessment of the first ten years of the EaP in practice, this book thinks forward and gauges its many potential future avenues. This comes at a crucial moment, as the EU and its six Eastern neighbours are in search of new and mutually acceptable forms of association.
Many citizens, politicians, and political activists voice concern about the political influence of business in the European Union. But do business interests really pull the strings in Brussels? Contrary to expectations, this book shows that business interests are no more influential than other interests in shaping contemporary EU policies. Andreas Dür, David Marshall, and Patrick Bernhagen present an original argument that stresses the role of public actors in facilitating or impeding interest groups’ lobbying success. Novel data on a large number of legislative proposals on the EU’s agenda and three case studies present strong support for this argument. The Political Influence of Business in the European Union offers new insights into how lobbying success depends on the demand and supply of information, as well as new ideas on how to measure lobbying success. The book advances a fresh perspective on the question of business power and shows why business interests often lose in the policy struggle.