The Constitutional Framework for Enhanced Cooperation in EU Law

Böttner, Robert

doi:10.1163/9789004459151

Cited by 11 publications

(3 citation statements)

References 126 publications

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“…De Witte refers to the Article 136.1 eurozone procedure and the permanent structured cooperation as 'two policy-specific mechanisms of enhanced cooperation', 32 closer cooperation mechanisms'. 33 However, for other scholars, such as Miglio, they constitute distinct procedures, whereby only the Article 82-83 TfEU and Article 86-87 TfEU fast-track procedure in criminal law can be explicitly traced back to enhanced cooperation. 34 In this paper I will argue that special regimes are connected to the Article 20 TEU procedure, yet they expand the range of closer cooperation mechanisms within EU primary law beyond it.…”

Section: Special Regimes Of Enhanced Cooperation: What Why and When?mentioning

confidence: 99%

“…Currently, after Denmark joined in May 2023 following the abolishment of its opt-out from defence policies, 26 Member States take part into the cooperation (with Malta remaining the only non-participating Member State), 58 but subgroups of Member States participate in different projects under the coordination of the Council. 59 Since the project's governance is defined by the Council Decision 2017/2315, large flexibility is left to the Member States that join the projects. In fact, Blockmans noted that PESCO so far represents the most 'inclusive' form of closer cooperation, as almost all Member States are part of it.…”

Section: Permanent Structured Cooperation In the Field Of Defencementioning

confidence: 99%

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Enhanced flexibility: Special regimes of closer cooperation in core state powers

Patrin

2023

Maastricht Journal of European and Comparative Law

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This article looks at the overarching Treaty architecture on secondary law differentiation and investigates three special regimes of closer cooperation, which are modelled upon, but cannot be entirely reconducted to, the enhanced cooperation procedure of Article 20 TEU. These regimes operate within core state powers and introduce a layer of additional flexibility in some policy-specific areas. They are the Article 136.1 TfEU special procedure for euro-related legislation, the fast-track procedure for enhanced cooperation in criminal law and the permanent structured cooperation in defence policies. The article argues that the web of closer cooperation regimes in secondary law enlarges the remit of differentiation within the Treaties beyond the standard enhanced cooperation and adapts it to core state power policy domains. This increased flexibility expands substantially the likelihood of such differentiation instruments to be used in practice. Moreover, as it extends to the policy fields in which opt-outs are generally established and where differentiation is mostly needed and operated, this accrued flexibility can replace, or at least supplement, differentiation through primary law derogations.

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Section: Special Regimes Of Enhanced Cooperation: What Why and When?mentioning

confidence: 99%

Section: Permanent Structured Cooperation In the Field Of Defencementioning

confidence: 99%

Enhanced flexibility: Special regimes of closer cooperation in core state powers

Patrin

2023

Maastricht Journal of European and Comparative Law

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“…In addition, DI can affect the position of non-participating Member States, such as when erga omnes effects of the Court's jurisprudence in differentiated settings breach their rights. 48 In this context, the question can be asked whether there are substantial limits to DI, such as in the domain of fundamental rights. 49 Indeed, the British and Polish special Protocol on the European Charter of Fundamental Rights (Charter) 50 has given rise to several concerns, although the Court has recognized that it does not amount to a real opt-out, and it 'does not call into question the applicability of the Charter in the United Kingdom or in Poland' 51 .…”

Section: Legal Accountabilitymentioning

confidence: 99%

EU Constitutional Standards of Democracy in Differentiated Integration

Patrin

Curtin

2021

SSRN Journal

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Robert Schuman Centre for Advanced StudiesThe Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe's place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe's neighbourhood and the wider world.

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Article 139 [Member States with a Derogation]

Seyad

2021

Springer Commentaries on International and European Law

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The Constitutional Framework for Enhanced Cooperation in EU Law

Cited by 11 publications

References 126 publications

Enhanced flexibility: Special regimes of closer cooperation in core state powers

Enhanced flexibility: Special regimes of closer cooperation in core state powers

EU Constitutional Standards of Democracy in Differentiated Integration

Article 139 [Member States with a Derogation]

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