The Many Faces Of Differentiation In Eu Law
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The Many Faces Of Differentiation In Eu Law
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Author : Bruno de Witte
language : en
Publisher: Intersentia nv
Release Date : 2001
The Many Faces Of Differentiation In Eu Law written by Bruno de Witte and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to cooperate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation. The contributions are made by Dominik Hanf, José M. de Areilza, Jean-Victor Louis, Sean Van Raepenbusch, Ludwig Kramer, Georgia Papagianni, Grainne de Burca, Ellen Vos, Linda Senden, Sacha Prechal, Wouter Devroe, Deirdre Curtin, Bruno De Witte, Eddy De Smijter en Jan Wouters.
Making Sense Of European Union Law
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Author : Monica Claes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-01-12
Making Sense Of European Union Law written by Monica Claes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Law categories.
This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law. The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.
The Routledge Handbook Of Differentiation In The European Union
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Author : Benjamin Leruth
language : en
Publisher: Routledge
Release Date : 2022-05-11
The Routledge Handbook Of Differentiation In The European Union written by Benjamin Leruth and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-11 with Political Science categories.
The Routledge Handbook of Differentiation in the European Union offers an essential collection of groundbreaking chapters reflecting on the causes and consequences of this complex phenomenon. With contributions from key experts in this subfield 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: How can one define differentiation in the European Union in the light of the most recent events? Does differentiation create more challenges or opportunities for the European Union? Is Europe moving away from an "ever closer Union" and heading towards an "ever more differentiated Union", especially as leading political figures across Europe favour the use of differentiation to reconcile divergences between member states? This handbook is essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research in the study of European integration. As European differentiation is multifaceted and involves a wide range of actors and policies, it will be of further interest to those working on countries and/or in policy areas where differentiation is an increasingly relevant feature. The Introduction and chapters 13, 21, 30, and 35 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Between Flexibility And Disintegration
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Author : Bruno De Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Between Flexibility And Disintegration written by Bruno De Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
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 Boundaries Of The Eu Internal Market
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Author : Marja-Liisa Öberg
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
The Boundaries Of The Eu Internal Market written by Marja-Liisa Öberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Business & Economics categories.
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
The Principle Of Equality In Eu Law
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Author : Lucia Serena Rossi
language : en
Publisher: Springer
Release Date : 2017-11-23
The Principle Of Equality In Eu Law written by Lucia Serena Rossi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-23 with Law categories.
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
The Legal History Of The European Banking Union
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Author : Pedro Gustavo Teixeira
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-24
The Legal History Of The European Banking Union written by Pedro Gustavo Teixeira and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-24 with Law categories.
How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration.
Redefining Eu Membership
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-07-30
Redefining Eu Membership written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-30 with Law categories.
Redefining EU Membership examines the issue of Membership within the European Union (EU) today by focusing on differentiation in and outside the EU. The Treaty on European Union unequivocally declares that the contracting parties are the Member States of the EU. However, a closer examination casts some doubt of the unitary status of Member States, or at least suggests that the concept requires nuancing. Whilst diversity, and to some extent differentiation, have been part and parcel of the European integration process since its inception, Redefining EU Membership proposes that, considering several developments, a new reflection on membership within the EU and on differentiation in and outside the EU is required. The volume's contributions are organized around four aspects of the tensions faced by the concept of a unitary and formal EU membership: first, an examination of key policy areas which have already witnessed various forms of differentiated integration; second, an analysis of 'special statuses' within the EU; third, important examples of non-Member States in which EU law is applied (with and without their participation in the EU's decision-making process); and fourth, the situation of states under accession or secession procedures which obliges them to accept EU norms and policies even prior to/after formal membership. These analyses are complemented by a reflection on the concept of membership in itself. In a context in which EU enlargement appears likely, the provided analysis reflects on the need to expand and introduce several kinds of membership to the EU in the future.
Differentiated Integration In The European Union
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Author : Benjamin Leruth
language : en
Publisher: Routledge
Release Date : 2017-10-02
Differentiated Integration In The European Union written by Benjamin Leruth and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-02 with Political Science categories.
The notion of Differentiated Integration is increasingly used in the literature on European integration. Often employed interchangeably with the notion of "flexible integration, diverging views on its nature have led to the emergence of various definitions and, to some extent, a semantic confusion. A lack of consensus characterizes the academic literature; some authors even avoid putting an explicit definition on the term. The main objective of this book is to seek answers for the following questions: How can one define Differentiated Integration in the European Union? Should Differentiated Integration be considered as a process, a concept, a system or a theory? Should it be seen as a temporary or a well-established phenomenon? How is this field of study likely to develop in the future? In order to do so, all chapters, written by leading experts in the field, offer a state-of-the-art analysis of the study of differentiated integration, from theoretical and practical perspectives. In addition, this book is not a collection of isolated papers: all chapters are interconnected and gravitate towards the aforementioned central questions, but approach these from different perspectives. This book was published as a special issue of the Journal of European Public Policy.
Differentiated Integration And Disintegration In A Post Brexit Era
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Author : Stefan Gänzle
language : en
Publisher: Routledge
Release Date : 2019-11-15
Differentiated Integration And Disintegration In A Post Brexit Era written by Stefan Gänzle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Political Science categories.
Assessing the consequences of Brexit on EU policies, institutions and members, this book discusses the significance of differentiation for the future of European integration. This book theoretically examines differentiated integration and disintegration, focuses on how this process affects key policy areas, norms and institutions of the EU, and analyses how the process of Brexit is perceived by and impacts on third countries as well as other organizations of regional integration in a comparative perspective. This edited book brings together both leading and emerging scholars to integrate the process of Brexit into a broader analysis of the evolution, establishment and impact of the EU as a system of differentiation. This book will be of key interest to scholar and students of European Union politics, European integration, Brexit, and more broadly to Public Administration, Law, Economics, Finance, Philosophy, History and International Relations.