Differentiated Integration at Work

Dr. Funda Tekin

doi:10.5771/9783845235394

Summary

With the increasing heterogeneity among EU Member States the concept of differentiated integration has become a reality. Particularly EU policy fields that touch upon core sovereignty rights of the nation state, such as the Area of Freedom, Security and Justice, give evidence of a variety of flexible and differentiated integration.The present book substantially extends the research that acknowledges differentiation to form EU-integration-reality. Based on a profound treaty analysis the term differentiated integration is unearthed from the semantic avalanche of (inter)related concepts. Building on this definition, an in-depth and thorough analysis of the implementation of the British, the Irish and the Danish opt-outs in the AFSJ generates insights on the functional and structural patterns of integration that result from the interplay of institutionalisation and implementation of opt-outs. To this end the analytical frame of the paths of differentiated integration at work has been developed by mutually fusing assumptions of historical institutionalism and of an extended version of differentiated integration theory. Furthermore, the book takes the reader on an expedition through the different facets and particularities of the AFSJ drawing a concise picture of its complex provisions, its incomplete communitarisation and the inter-linkage of its policies.

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Bibliographic data

Copyright year: 2012
ISBN-Print: 978-3-8329-7167-0
ISBN-Online: 978-3-8452-3539-4
Publisher: Nomos, Baden-Baden
Series: Studies on the European Union
Volume: 6
Language: English
Pages: 330
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages 2 - 14
List of Graphs, Tables and Charts No access Pages 15 - 16
List of Abbreviations No access Pages 17 - 18
1. A Structuring Approach to Differentiated Integration: State of the Art, Key Aspects and Core Research Questions No access Pages 19 - 27
2. Research Design: The Case, Variables, Assumptions, Methodology No access Pages 27 - 36
3. Le Fil Rouge: Structure and Outline of the Study No access Pages 36 - 37
1. 1. Structuring the Supercharged Debate on Differentiated Integration No access Pages 38 - 46
  2. Theorising Differentiated Integration: The Neglected Case in Traditional European Integration Theory? No access Pages 46 - 50
2. 1. 1. Formation of Structures of Differentiated Policy-/Decision-Making No access
    2. Introducing Path Dependence to the Analysis No access
  2. The Stickiness of Structures of Differentiated Policy-/Decision-Making No access Pages 61 - 66
  3. Review of the Explanatory Benefits and Limits of Historical Institutionalism in Light of the Paths of Differentiated Integration at Work No access Pages 66 - 70
3. 1. Relevance of Externalities and Member State Action No access Pages 70 - 80
  2. Structural and Functional Differentiation and Externalities: Establishing the Net-Benefits of the General Opt-out No access Pages 80 - 86
4. The Paths to Differentiated Integration at Work: Guiding Assumptions and Working Theses No access Pages 86 - 92
1. 1. 1. Asynchronous but Common Integration: Safeguard Clauses and Principal Derogations No access
    2. General Authorisation of Different Rules for Different Member States: Much Ado about Nothing? No access
    3. Constructive Abstention: Case-by-Case Flexibility within CFSP No access
  2. 1. The Economic and Monetary Union No access
    2. The Common Security and Defence Policy No access
    3. The Charter of Fundamental Rights No access
    4. The Area of Freedom, Security and Justice No access
  3. A Conclusive Assessment of the Institutionalisation of Opt-Outs in the Area of Freedom, Security and Justice as Independent Variable No access Pages 125 - 126
2. 1. The Institutional Design: Determination of the Relevance of Access Points for the ‘Outs’ in Differentiated Decision-Making No access Pages 126 - 131
  2. Externalities: The Pressure for Circumvention of Differentiated Integration No access Pages 131 - 138
  3. Domestic Conditions: Referendum as Key to Joining the European Fold? No access Pages 138 - 141
3. 1. Catching a Structuring Glimpse on the Policies of the Area of Freedom, Security and Justice No access Pages 141 - 145
  2. Guiding Assumptions Refined: Yardsticks for Patterns of Differentiated Integration at Work No access Pages 145 - 150
1. 1. 1. Aspects of Variable Geometries in the Area of Freedom, Security and Justice No access
    2. Incorporation of the Schengen Acquis into the EU’s Legal Framework: Consequences of the Ventilation Approach for the ‘Outs’ No access
  2. 1. Access Points in the Institutional Architecture of the Area of Freedom, Security and Justice No access
    2. Flexibility Tools in the Light of Differentiated and Undifferentiated Policy-Making No access
2. 1. The Full Circle of ‘Freedom’, ‘Security’ and ‘Justice’ No access Pages 175 - 178
  2. The Inter-linkage of Individual Policies and Policy Measures No access Pages 178 - 185
3. 1. The United Kingdom: A Stranger in the Area of Freedom, Security and Justice? No access Pages 185 - 195
  2. Ireland: The Pragmatist No access Pages 195 - 201
  3. Denmark: In Defence of Intergovernmental Cooperation No access Pages 201 - 207
1. 1. The United Kingdom and Ireland: Legal Rights to Participate in the Schengen Acquis in Spite of the Maintenance of Borders No access Pages 208 - 217
  2. Denmark: Preservation of the Intergovernmental Character of the Schengen Cooperation No access Pages 217 - 220
2. 1. The United Kingdom and Ireland: Knocking on Open Doors? No access Pages 220 - 226
  2. Denmark: Knocking on Closed Doors? No access Pages 226 - 227
3. The Abolition of the Opt-Outs: Rather Low Chances to Terminate Differentiation? No access Pages 227 - 229
1. 1. The Commission: The Neutral Broker in the Paths of Differentiated Integration at Work No access Pages 230 - 234
  2. The Council Working Structures: Everyone on Board No access Pages 234 - 238
2. 1. Ireland and the United Kingdom: Time Pressure and Parliamentary Scrutiny No access Pages 238 - 243
  2. Denmark: Veto Points Determined by the Question of Sovereignty Transfer No access Pages 243 - 245
1. 1. Effects of Structural Differentiation in Schengen: Either in or Out? No access Pages 246 - 252
  2. Policy Participation in Schengen Matters: Clear Patterns and No Surprises No access Pages 252 - 254
  3. Completion of the Picture of Differentiated Integration at Work: Schengen No access Pages 254 - 256
2. 1. 1. Abusing the Opt-in Regime No access
    2. Cross-References and Participation Spill-Over No access
    3. Participation in Second Generation Legislation: Neither a Free Ticket nor a Participation Guarantee No access
    4. Having the Doors Shut in Their Faces: Unintended Denial of Participation No access
  2. Finding a Compromise within a Tailor-Made Opt-In No access Pages 273 - 275
  3. Policy Participation: Cherry Picking but Still Coherent Participation No access Pages 275 - 280
  4. Completion of the Picture of Differentiated Integration at Work: Title IV TEC / Title V TFEU No access Pages 280 - 281
1. Differentiated Integration at Work: How to Close the Research Gaps No access Pages 282 - 284
2. Patterns of Differentiated Integration at Work in the AFSJ No access Pages 284 - 292
3. Acceleration Consolidation Fragmentation: What is it Going to Be? No access Pages 292 - 297
4. The Paths of Differentiated Integration at Work: Mission Accomplished? No access Pages 297 - 299
5. Outlook and Future Research Agendas No access Pages 299 - 300
1. Primary Sources No access Pages 301 - 309
2. Interviews No access Pages 309 - 310
3. Literature No access Pages 310 - 329
4. Newspaper Articles No access Pages 329 - 330