The Routledge Handbook of Differentiation in the European Union

Cover
Endorsement
Half Title
Title Page
Copyright Page
Table of Contents
Figures
Tables
Contributors
Preface and Acknowledgements
1 Introduction: Differentiation in the European Union as a Field of Study
Introduction
From Studying ‘Integration’ to ‘Differentiated Integration’ to ‘Differentiation’ – a Cursory Review of Literature
Retracing the Evolution of Differentiation in the EU
Beyond Differentiated Integration in a Post-Brexit Europe
An Inclusive Definition of Differentiation
How Differentiation Works: a Supply and Demand Model
Overview of the Handbook
Note
References
Part 1 Conceptualizing Differentiation
Chapter 2
Studying Differentiated Integration: Methods and Data
Chapter 3
On the Legitimacy of Differentiated Integration
Chapter 4
Differentiated (Dis)integration Beyond Europe: a Comparative Regionalism Approach
Chapter 5
De Facto Differentiation in the European Union: Circumventing Rules, Law, and Rule of Law
Chapter 6
Constitutive Differentiation
Chapter 7
EU External Differentiated Integration and Compliance: Theoretical and Legal Aspects
Chapter 8
From Integration to Fragmegration: Political Symbols and the Emergence of Differentiated European Identities
Chapter 9
Differentiation and Segmentation
Looking Ahead
2 Studying Differentiated Integration: Methods and Data
Introduction
Cataloguing the Methods Used in DI Research
Methods of DI Research Over Time
Towards Methodological Pluralism in the Study of DI
Datasets for DI Research
Conclusion
Notes
Bibliography
3 On the Legitimacy of Differentiated Integration
Introduction
On Legitimacy
Varieties of Differentiation
Self-inflicted Harms
Pre-emption of Choice
Hindrance to Co-Legislation
Temporary Delays
Conditional Legitimacy
Second-class Europeans
Mitigating Reasons
Conclusion
Notes
References
4 Differentiated (Dis)integration Beyond Europe: A Comparative Regionalism Approach
Introduction
‘United in Diversity’
Differentiation: Concepts and Theories of Comparative Regional Integration
Differentiated Disintegration – Empirical Evidence Beyond the European Union
Discussion: Drivers of Regional Disintegration
Conclusion
Notes
Literature
5 De Facto Differentiation in the European Union: Circumventing Rules, Law, and Rule of Law
Introduction
De Facto Differentiation in the Literature
Conceptualizing De Facto Differentiation
De Facto Differentiation By Non-Compliance
De Facto Differentiation By Cooperation Outside the EU
De Facto Differentiation By Unilateral Opt-Ins
De Facto Differentiation in Economic and Monetary Union
Sweden’s De Facto Opt-Out From EMU
Kosovo and Montenegro’s De Facto Opt-In to EMU
The Fiscal Compact
Discussion
Conclusion
Notes
References
6 Constitutive Differentiation
Introduction
Constitutive Differentiation and the EU: What Are the Challenges?
State Sovereignty and Differentiation
The Nation-State Model of Differentiation Unpacked
The EU and the Transformation of Sovereignty
EU Constitutional Models and Patterns of Differentiation
The Intergovernmental Model
Intergovernmentalism Adapted to the EU: the New Intergovernmentalism
Intergovernmentalism Adapted to the EU: Republican Intergovernmentalism
The Federal Model
Federalism Transposed to the EU
Federalism Transposed: the EU as a Poly-Cephalous Federation
Federalism Transposed: the EU as a Federal Union
Conclusion
Notes
Bibliography
7 EU External Differentiated Integration and Compliance: Theoretical and Legal Aspects
Introduction
DI and Theoretical Approaches to Compliance
External Enforcement
Management
Domestic Pressure
Legitimacy
DI and Legal Instruments to Ensure Compliance
Conditionality
Monitoring And/or Evaluation
Civil Society Engagement
Consultations
Dispute Settlement Mechanism (DSM)
Unilateral Remedies, Safeguard and Compensatory Measures and Suspension Clauses
Financial and Technical Support to the Implementation of the Association Agreements
Conclusion
Notes
Bibliography
8 From Integration to Fragmegration: Political Symbols and the Emergence of Differentiated European Identities
Legitimacy and Europe
Unconscious Europe
Europa Über Alles?
Conclusion
Notes
Bibliography
9 Differentiation and Segmentation
Introduction
The EU – a Distinctly Differentiated Polity
Segment, Segmentation and Segmented Political Order
The EU – a Fledgling Segmented Political Order
Trait 1: Ideas and Ideologies
Trait 2: Policy Instruments and Policy Style
Trait 3: Institutional and Structural Arrangements
Trait 4: Constraints and Limits On Capacity and Capability
Trait 5: Dependence On External Factors and Patterns of External Vulnerability
Trait 6: Weak De-Segmenting Arrangements
Comparing/Contrasting Differentiation and Segmentation
Conclusion
Notes
References
Part 2 Institutionally Based Differentiation
Chapter 10
An Ever More Fragmented Union? On the Emerging Relevance of the Institutional Implications of Differentiated Integration in the EU
Chapter 11
Promise Unfulfilled? Managing Differentiated Integration in EU Secondary Law Through Enhanced Cooperation
Chapter 12
Differentiation in the European Parliament: United About Diversity?
Chapter 13
Differentiation and the European Central Bank: a Bulwark Against (Differentiated) Disintegration?
Chapter 14
Differentiation and the European Commission
Chapter 15
Differentiation and the European Court of Justice
Chapter 16
Third-country Participation in EU Agencies: Towards ‘Condominio’?
Chapter 17
The Council of the European Union: Organisational and Social Dynamics of Differentiation
Key Findings
10 An Ever More Fragmented Union?: On the Emerging Relevance of the Institutional Implications of Differentiated ...
Introduction
Literature Review
A Union Within the Union? Reviewing EMU Reforms in Terms of Their Inclusiveness
Financial Assistance – the European Stability Mechanism (ESM)
Banking Supervision and Banking Resolution – the Banking Union (BU)
Informal Eurozone Formats in the Two Councils – the Eurogroup Working Group (EWG), the Eurogroup and the Euro Summit
Summary
How to Analyse the Inclusiveness of EU Governance Bodies in the Context of Differentiation?
Conclusion
Note
References
11 Promise Unfulfilled?: Managing Differentiated Integration in EU Secondary Law Through Enhanced Cooperation
Introduction
A History of Enhanced Cooperation in the EU Treaties
Enhanced Cooperation in the EU Literature
What We Know So Far About Enhanced Cooperation in Practice and What Is Missing
Concluding Remarks
Abbreviations
Notes
References
12 Differentiation in the European Parliament: United About Diversity?
Introduction
Analytical Framework
Data and Methods
Analysis
Conclusion
Notes
Bibliography
13 Differentiation and the European Central Bank: A Bulwark Against (Differentiated) Disintegration?
Introduction
Origins of Differentiation in EMU
The ECB’s Bodies and Tasks: Differentiated Decision-Making
The ECB and the Euro Crisis: Combatting Disintegration?
The ECB’s Monetary Policies During the ‘Great Recession’
The ECB’s Role in EMU Reform
Conclusion
Notes
References
14 Differentiation and the European Commission
Introduction: (Re-)situating the Commission in an Increasingly Differentiated European Union
The Commission’s Ambivalent Yet Generally Hostile Attitude Towards Differentiation Over Time
The Commission’s Constant Involvement in the Management of Initiatives of Differentiation
Why the Commission as an Institution Must Remain Unaffected By Differentiation Within the EU
The Structure of the Commission
The Functions of the Commission
Conclusion
Notes
Bibliography
15 Differentiation and the European Court of Justice
Introduction
The ECJ Challenged By National Courts: Homogenous Application of EU Law Vs. Constitutional Pluralism
EU Constitutionalization and the Homogenous Application of EU Law
Constitutional Pluralism
The ECJ Challenged By National Governments: Pushing Constitutional Pluralism Even Further?
Vertical Differentiation as Levels of Centralization
Horizontal Differentiation (Territorial Application of Law)
Is the ECJ and the EU’s Legal System Adaptive Enough to Protect the Rule of Law Against Differentiation?
The Position of the ECJ: Activism Or Acceptance?
Networking Strategies
Increasing Resistance, Increasing Differentiation?
Conclusion
Notes
References
16 Third-Country Participation in EU Agencies: Towards “Condominio”?
Introduction
Modes of Governance and the Flexibility of Decentralised Agencies
Decentralised Agencies as Venues for External Differentiated Integration
Third-country Participation in EU Agencies
Scope and Limits of Condominio
Conclusion
Note
References
17 The Council of the European Union: Organizational and Social Dynamics of Differentiation
The Council’s Consociational “System Attitude”
Organizational Dynamics of Differentiation: Council Hybridization
Social Dynamics of Differentiation: the Council’s Evolving Practices
Conclusions
Notes
References
Part 3 Policy-Based Differentiation
Chapter 18
Differentiated Integration in EU Energy Market Policy
Chapter 19
Brexit and the Common Fisheries Policy: Opportunities for Multi-Level Differentiated (Dis)integration?
Chapter 20
The European Asylum Policy: Core State Powers, Flexibility, and Differentiated Integration
Chapter 21
Differentiated Integration in EU Climate Policy
Chapter 22
Differentiated Integration in European External Action
Chapter 23
PESCO: a Formula for Positive Integration in European Defence
Chapter 24
The Increasingly Differentiated European Single Market?
Chapter 25
Differentiation and Social Policy: a Sustainable Way Forward?
Chapter 26
Differentiation in EU Security and Defence Policy
Key Findings
18 Differentiated Integration in EU Energy Market Policy
Introduction
Conceptualizing and Explaining Differentiated Integration
What Is Differentiated Integration?
What Explains Differentiated Integration?
Observing Differentiation in the EU Energy Market Policy
Development of the EU Energy Market Policy
Differentiation of the EU Energy Market Policy
Internal Differentiation
External Differentiation
Analysing Differentiation in the EU Energy Market Policy
Internal Differentiation
External Differentiation
Conclusion
Bibliography
19 Brexit and the Common Fisheries Policy: Opportunities for Multi-Level Differentiated (Dis)integration?
Introduction
Common Fisheries Policy and the United Kingdom
Brexit – Disintegrating From the Common Fisheries Policy
Multi-level Fisheries Policy Implementation
Differentiated Disintegration
Conclusions
Notes
Bibliography
20 The European Asylum Policy: Core State Powers, Flexibility and Differentiated Integration
Introduction
Core State Powers and Differentiated Integration
The Flexibility in the Common European Asylum System
The Opt-Outs of the United Kingdom and Denmark
Conclusion
Notes
References
21 Differentiated Integration in EU Climate Policy
Introduction
Differentiated Integration Across Policy Stages
Evolving Differentiation in Two Key EU Climate-Policy Areas: EU Emission Trading System (ETS) and Renewable Energy Policy
The EU Emissions Trading System
EU Renewable Energy Policy
Discussion
Conclusions
References
22 Differentiated Integration in European External Action
Introduction
A Short History of Differentiated Integration in EU External Affairs
The EU Security Strategy, the Global Strategy and the ENP: Path-Dependent and Co-Evolving Differentiated Strategies
Translating Differentiated Strategies Into Action
Strategic Ambiguity in a Turbulent Environment
Conclusions
Bibliography
23 PESCO: A Formula for Positive Integration in European Defence
Multilayered Differentiated Integration
Participation in PESCO
Emerging Clusters in the Development of PESCO Projects
Project Differences
Explaining Cooperation
Governance Within PESCO Projects
Future Trends
Conclusions
Notes
Bibliography
24 The Increasingly Differentiated European Single Market?
Introduction
Soft and Informal Differentiation: Discretion in Transposition and Implementation
The Persistence of Extra-Legal Differentiation
Soft and Informal Differentiation in EU Competition Policy Compliance
Instrumental Differentiation
Constitutional Differentiation and General Derogations in Secondary Legislation
Conclusion
Note
References
25 Differentiation and Social Policy: A Sustainable Way Forward?
Introduction
Europeanizing Social Policy: a Historical Overview
EU Social Regulation: an Idea Whose Time Has Come Again?
European Commission: Losing and Reclaiming Policy Entrepreneurship
European Parliament: an Early Adopter of Regulatory Social Policy Ideas
European Social Partners: the Persistence of Rivalling Monologues On Social Policy
EU Member States: From Silence to Reluctance On Social Regulation
Public Support for European Social Policy
Conclusion: European Social Policy as a Slow Process of Integration
Notes
References
26 Differentiation in EU Security and Defence Policy
Introduction
Conceptualising Differentiation in EU Security and Defence Policy: Differentiated Cooperation
Mapping the Mechanisms of Differentiated Cooperation Under CSDP: Opt-Outs and Opt-Ins
Opt-out Mechanisms in the Field of CSDP
The Danish Opt-Out
Reservations Regarding the Specific Character of the Security and Defence Policy of Certain Member States and NATO’s Primacy
The Procedure of Constructive Abstention
Opt-in Mechanisms in the Field of CSDP
Enhanced Cooperation
Delegation of the Implementation of a Task to a Designated Group of Member States
Theorising Change
Explaining the Initiation of the ESDP
Explaining the Activation of PESCO
Explaining the Emergence of Differentiation in EU Security and Defence Policy
Conclusion
Notes
References
Part 4 Territorial Differentiation
Chapter 27
The Nordic Countries as Pioneers of Differentiation
Chapter 28
Risky Advantageous Differentiation: Iceland and the EEA
Chapter 29
The Swiss and Liechtenstein Relations With the EU – an Ongoing Institutional Challenge
Chapter 30
Turkey’s External Differentiated Integration With the EU in the Field of Migration Governance: the Case of Border Management
Chapter 31
Visegrád Four and EU Differentiated Integration: Activities, Perception and Self-Perception After the Refugee Crisis
Chapter 32
Poland as the (New) Awkward Partner: Differentiated Integration Or Differentiated Disintegration?
Chapter 33
Trajectories of Differentiated EU Integration for the Western Balkans
Chapter 34
European Neighbourhood Policy: Differentiated Integration Beyond the EU’s Eastern and Southern Borders
Chapter 35
Differentiation at the Local Level: an Overview of Subnational Authority Networks in the EU
Key Findings
27 The Nordic Countries as Pioneers of Differentiation
Introduction
Nordic Cooperation: Integration, Disintegration Or Differentiation?
Nordic Experiences of European Integration and Differentiation: Diverging Patterns
Finland: a Belated, Yet Fully Integrated Member
Sweden: From Temporary to Limitless De Facto Differentiation?
Denmark: a Model of Quasi-Permanent Differentiation
Norway: a Model Shaped By Public Opinion
Nordic Cooperation in Light of EU Differentiation
Transnational Administration and Networks
Security and Defence Cooperation
Party Families
Conclusion
Notes
References
28 Risky Advantageous Differentiation: Iceland and the EEA
Introduction
Triggers for Differentiation
External Factors
Domestic Ideational and Material Factors
Implications of Permanent Differentiation Status: Opportunities and Risks
Opportunities
Risks
Conclusion
References
29 The Swiss and Liechtenstein Relations With the EU: An Ongoing Institutional Challenge
Introduction
How They Came About
The Creation of the EEA Agreement and the Principle of External DI
Liechtenstein’s Way to the EEA: Flexibility for a Microstate
The Swiss–EU Bilateralism: From an Intermediate Step to a Permanent Solution
Institutional Issues: a Never-Ending Story?
A New Period of Retaliation and Creeping Disintegration?
Implementation of External Differentiation
Different Procedures for EEA Decision-Making
Various Modes of Governance
Domestic Institutional Challenges of Liechtenstein
Direct Democracy and External Differentiation
Differentiated Integration and the EEA
Types of Differentiated Integration in the EEA
Causes of Differentiated Integration
Logics of Differentiated Integration: Demand and Supply
Conclusions
References
30 Turkey’s External Differentiated Integration With the EU in the Field of Migration Governance: The Case of Border Management
Introduction
External Differentiated Integration: Variety of Concepts and Drivers
Conceptualizing External Differentiation
Key Drivers of Variance in External Differentiated Integration
Turkey’s Differentiated Integration in Border Management
Integrated Border Management (IBM)
Technical and Operational Cooperation With FRONTEX
Reinforced Cooperation On Border Controls and Combating of Irregular Migration: the EU–Turkey Statement of 18 March 2016
Conclusion
Note
References
31 Visegrád Four and EU Differentiated Integration: Activities, Perception and Self-Perception After the Refugee Crisis
Introduction
Visegrád Group and Its History
Regional Partnerships as a Factor Contributing to EU Differentiation?
Migration Policy
Brexit
Debate On the Future of the EU
Conclusion
Notes
References
32 Poland as the (New) Awkward Partner: Differentiated Integration Or Differentiated Disintegration?
Introduction: Poland as the (New) Awkward Partner
Differentiated Integration: Talking Unity, Acting Differentiation?
Differentiated Disintegration: Partial Exits in the Making?
Conclusion
Notes
References
33 Trajectories of Differentiated EU Integration for the Western Balkans
Introduction
Context – EU Conditionality and Enlargement Fatigue
Current Trajectories
Future Trajectories
Conclusions
References
34 European Neighbourhood Policy: Differentiated Integration Beyond the EU’s Eastern and Southern Borders
Introduction
EU External Governance, Differentiated Integration and the European Neighbourhood
EU External Governance Within ENP: Differentiated Integration at Three Levels
ENP Within the Framework of EU Relations With Non-Member Countries
The Common Policy Framework and Differentiation
Differentiation and the Expanding Economic Community in the Neighbourhood
EU External Governance in the Neighbourhood Beyond Economic Community
Conclusion
Notes
References
35 Differentiation at the Local Level: An Overview of Subnational Authority Networks in the EU
Introduction
Subnational Authority Networks in the European Union
Insider-outsider Differentiation
Compound Differentiation
Multilevel Differentiation
Conclusion
Notes
References
List of Interviews
Part 5 Brexit
Chapter 36
Brexit as a Phenomenon: National Solidarity as a Tool Against the European Project?
Chapter 37
(Post-)Brexit: Negotiating Differentiated Disintegration in the European Union
Chapter 38
International Perceptions of Brexit
Chapter 39
Differentiation and Power Asymmetry: How Brexit Is Changing UK Relations With Czechia and Slovakia
Chapter 40
Brexit and Northern Ireland
Chapter 41
Border Conflicts and Territorial Differentiation After Brexit: the Cases of Northern Ireland, Gibraltar and the UK Sovereign Base Areas in Cyprus
Chapter 42
Growing Apart Together? Brexit and the Dynamics of Differentiated Disintegration in Security and Defence
Key Findings
36 Brexit as a Phenomenon: National Solidarity as a Tool Against the European Project?
Introduction
Historical Background to UK–EU Relations
What Is Brexit?
Brexit and the Future of European Integration
Brexit, Institutions and Phenomenology
Brexit and the Imagined Community
A Critique of the Brexit Phenomenon as Ideology Critique
Rendering ‘Brexit’ Contingent
Conclusion
References
37 (Post-)Brexit: Negotiating Differentiated Disintegration in the European Union
Introduction
Theorizing Negotiations On Differentiated Disintegration
Negotiating Differentiated Disintegration Within the EU
Negotiating Withdrawal
Negotiating Post-Brexit Relations
Conclusions
Notes
References
38 International Perceptions of Brexit
Introduction
Theoretical Framework
Brexit’s Repercussions On Foreign Policy
International Perceptions of Brexit and the ‘New EU-27’
Europe, But Not EU
The ‘economy-Minded’
Multilaterals Vs. Nativists
No Commonwealth Group
Conclusion: Changed International Perceptions – Changed Foreign Policy?
Notes
References
39 Differentiation and Power Asymmetry: How Brexit Is Changing UK Relations With Czechia and Slovakia
Introduction
Power Asymmetry and EU Differentiation
The UK’s Reliance On Bilateralism After Brexit: Czechia and Slovakia
How the Bilateral Relationship With the UK Is Perceived in Czechia and Slovakia
Conclusion: Turning the Tables? Power Asymmetry After Brexit
Funding Information
Bibliography
List of Interviews
40 Brexit and Northern Ireland
Introduction
Brexit and What It Might Mean On the Island of Ireland
Unique Circumstances and Options for a Differentiated Brexit for Northern Ireland
Unique Circumstances and the Option of ‘Flexible and Imaginative Solutions’
A ‘Backstop’ Protocol?
The UK–EU Withdrawal Agreement and the Protocol On Ireland/Northern Ireland
Conclusion
Notes
Bibliography
41 Border Conflicts and Territorial Differentiation After Brexit: The Cases of Northern Ireland, Gibraltar and the UK Sovereign Base Areas in Cyprus
Introduction
The UK Constitutional Status of Three Border Disputes
A Bull in a China Shop: Brexit as a Threat to the Fragile Balance in Those Disputes
Northern Ireland
The UK Sovereign Base Areas On Cyprus
Gibraltar
A Territorially Differentiated Brexit
Northern Ireland
The UK Sovereign Base Areas On Cyprus
Gibraltar
In Lieu of a Conclusion
Notes
References
42 Growing Apart Together?: Brexit and the Dynamics of Differentiated Disintegration in Security and Defence
Introduction
Differentiation as Strategic Enabler
The Brexit Effect: Why Withdrawal Increases the Incentives for Collaboration
The Politics of Divorce: External Differentiation as Political Failure
Squaring the Circle: Differentiating Politics From Security
Conclusion
Acknowledgement
References
43 Conclusion
From Differentiated Integration Towards Differentiation
Differentiation as a Multifaceted Phenomenon, Including Both Integration and Disintegration
Differentiation as a Persistent Phenomenon
Differentiation as a Dilemma for Integration
The Handbook’s Key Conclusions
Part 1 – Conceptualizing Differentiation
Part 2 – Institutionally Based Differentiation
Part 3 – Policy-Based Differentiation
Part 4 – Territorial Differentiation
Part 5 – Brexit
Future Avenues for Research
Note
References
Epilogue: Polycrisis and Resilience in the European Union: Covid-19 and Avenues for Future Studies
Introduction
A Conceptual Outline
The EU’s Polycrisis and Covid-19 Responses
Muddling Through and Heading Forward in Health Policies
Heading Forward in Financial Policies as a Consequence of the Covid-19 Crisis
Beyond Crisis: Differentiation, Turbulence, and How to Live With It
Summary and Outlooks
Notes
References
Index