Justifying the Imperfect: Differentiated Integration and the Problem of the Second Best

Abstract

This article deals with the problem of the second best in a politically differentiated Europe. Drawing on Kant's category of permissive law of public right, it establishes the missing link between ideal and nonideal theory and then an indirect legitimation theorem. This theorem provides tools to contain damages and unlock practices and dynamics that obstruct reforms and lead to counterproductive outcomes. The theorem, which is equipped with a time and knowledge index, awaits the formation of favourable circumstances of integration. It establishes the conditions under which differentiated integration would be nonregressive. The theorem rules out backsliding solutions, which undermine the European integration process.This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

What do we talk about when we talk about integration: towards a differentiated view on integration and fragmentation in coastal and marine spatial planning

“…Differentiated integration is arguably most often spoked of within the context of the European Union, and refers to the various degrees to which different member states participate in or follow various European Union policies (Andersen and Sitter 2006;Eriksen 2022;Holzinger and Schimmelfennig 2012;Leruth and Lord 2015;Leuffen et al 2013;Schimmelfennig et al 2015). It is a pragmatic response to 'political challenges of a fundamental character' where 'greater integration is not on the table, and disintegration should be avoided' (Eriksen 2022). As such it can be a valuable perspective in many contexts.…”