Mapping Differentiated Integration

2020 ◽  
pp. 47-66
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen

This chapter maps the development of differentiated integration over the entire history of the EU and across all member states and policies. It shows that differentiation has been on the rise in treaty law and legislation. Yet, relative to the dramatic growth in EU authority and member states over time, there is no evidence for a trend towards ‘ever looser union’. This chapter further shows that differentiated integration is mainly ‘multi-speed’. Most national opt-outs are temporary and end after a few years. However, there is evidence for ‘multi-tier’ integration, too. A small and stable periphery has formed driven by Denmark and the United Kingdom. While there is no sign of multi-menu integration, differentiation also has a policy dimension in that the integration and differentiation of core state powers shapes the evolving multi-tier structure of the EU. In contrast, the EU’s market and flanking policies constitute the domain of multi-speed integration.

Author(s):  
Oleksandra Hissа-Ivanovych ◽  
Yana Kybich

Britain’s withdrawal from the European Union is an extraordinary event in the history of the EU and the European continent as a whole. For the first time since the Union’s existence, one of the member states is leaving it. Of course, this situation has caused a significant resonance in the world community, because the question of the consequences that may arise as a result of such an event has become acute. It is clear that Brexit will not only provoke changes in the economic, political and cultural spheres of the relations between the United Kingdom and the European Union, but may also affect relations with third countries, including Ukraine. This article examines the possible effects of Brexit on the further development of the United Kingdom, on the future of the EU in the context of growing Euroscepticism among member states, and on Britain’s and the European Union’s relations with Ukraine as a country that has clearly declared its pro-European position, and strives to become part of the EU by all means.


2018 ◽  
Vol 24 (2) ◽  
pp. 71-84
Author(s):  
Marian Żukowski ◽  
Monika Nowakowska

The withdrawal of the United Kingdom from the EU structures creates a new chapter in the history of the European integration. For the first time, after several decades of steady and secure functioning of the EU, a split occurs. Lofty ideas about creation of strong, coherent, wealthier and safer Europe lose in the competition with economic indicators and the national interest of the United Kingdom. Brexit is an expression of the negative evaluation of the EU functioning by the British society. This opinion is grounded in difficulties of the EU with solving current economic, social and political problems of contemporary Europe, as well as in decreased cooperation among member states. The following most important reasons for Brexit should be mentioned: the uncontrolled inflow of immigrants, increased terror threat, loss of economic independence and national identity. It is also worth noticing the successful actions of right-wing politicians who used the situation to build their own vision of the state. Consequences of Brexit shall affect both the United Kingdom and the EU member states but also non-EU countries. They shall have political, economic and social dimensions. However, at the current stage of the negotiations, it is difficult to predict all effects of the decisions taken. According to analysts, the UK shall incur financial losses, competitiveness of economy will decline, GDP will go down, political relations with neighbour states will deteriorate. Brexit shall affect particularly these states which are close trade partners of the United Kingdom. Loss of the UK as one of the economic pillars of the EU shall influence the economic situation of the entire European Union. Brexit is also a crack in the EU image as an organization cherishing the values of solidarity and humanism. Individual interests of particular member states can be a contagious example.


Author(s):  
Olha Ovechkina

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.


Author(s):  
Paul Taggart

The development of European integration has meant that member states have experienced Europeanization and as a consequence the EU has become a more politicized issue in domestic politics. Politicization has come over time and as a consequence of the decline of a permissive consensus and takes some very different forms. The chapter considers the place of the domestic politicization of European integration in theories of European integration and then reviews different periods of the history of European integration, highlighting the growing phenomena of Europeanization and politicization. The chapter then looks at Euroscepticism and its meaning and different forms and identifying which parties can currently be identified as Eurosceptic and what issues Euroscepticism blends with in different member states. The chapter then offers a typology for understanding the different ways in which the politicization of European integration plays out in the party systems of member states.


Subject Prospects for Europe in the third quarter. Significance For the rest of June and the third quarter, the EU will grapple with the future positions within the bloc of two member states, the United Kingdom and Greece. The period will see the resolution, one way or another, of the immediate crisis in Greece's relations with its international creditors. The way in which this takes place will have profound implications for the future of the single currency.


Significance However, member states have the dominant foreign policy role in the EU. After Brexit, that will be France and Germany despite the United Kingdom insisting that it wants to maintain as close a relationship with the EU as possible. Impacts EU reformers will light on foreign policy as an area to drive forwarded integration. However, the EEAS lacks the competencies and institutional horsepower to be a force for integration. The strategic needs of the 27 post-Brexit EU members will be various, thus acting as a drag on integration. Smaller EU member states will see more advantage than larger ones in collectively pursuing foreign policy goals through Brussels. Larger member states will be unwilling to submit their national defence policies to greater EU authority.


2017 ◽  
Vol 24 (2) ◽  
pp. 217-244
Author(s):  
Howard Chitimira

The European Union (EU) was arguably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its Member States. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonized the insider trading ban among the EU Member States. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the UK’s vote to leave the European Union (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.


2011 ◽  
Vol 10 (2) ◽  
pp. 160-181
Author(s):  
David Fernández Vítores

When the principle of subsidiarity was introduced into Community law in 1992, it was hailed as a triumph of diversity over the previous uniformity of an excessively centralised European Union. It was generally believed to be an infallible way to preserve the cultural and linguistic heritage of each Member state, as it meant that responsibility for the design and implementation of educational, cultural and linguistic policies lay with the Member States. However, this transfer is not producing the desired results. On the contrary, it is helping to consolidate a monolingual tendency already observed in the EU since the United Kingdom joined the EU in 1973. In this context, the article examines the defensive strategies based on subsidiarity adopted by France and Germany and briefly assesses the outcome of these strategies.


2018 ◽  
pp. 39-55 ◽  
Author(s):  
Józef M. Fiszer

There is no doubt that Brexit is an unprecedented event in the history of European integration and the European Union (EU). It will certainly be a turning point not only in the history of the EU but also in Germany and France. It will affect their place and role in the new international order that is currently being shaped. Today, however, it is very difficult to present an accurate diagnosis, and even more difficult to predict the future of the EU, Europe and the whole world after Brexit. Currently, the opinions of researchers and experts on this subject are divided. Many fear that Brexit will be the beginning of the end of the EU and that it will lead to so-called diversified integration and then to its disintegration. Others believe that Brexit, nolens volens, may accelerate the EU’s modernisation process. This will require the adoption of a new revision treaty. This treaty will be developed under the dictation of Germany and France, which are the most influential countries in the EU.The purpose of this article is to answer a few questions, particularly what role  Germany and France can and will play in the EU after Brexit. Will these countries  again become the driving force in the process of European integration and the EU’s modernisation, or will they remain passive and contribute to the break-up of the EU? Moreover, the author intends to show the opportunities and threats for the EU  without the United Kingdom, which counterbalanced the influence of Germany and France in Europe.


Significance The celebration came just days before the United Kingdom is set to begin the withdrawal process. Precisely what path the EU will take over the next decade remains uncertain and the European Commission has kicked off a process of dialogue on various scenarios for its future. Impacts Debates about the future of the EU will occur simultaneously with Brexit negotiations and be coloured by them. EU leaders will be keen to continue to demonstrate their commitment to press forward with European integration despite Brexit. Brexit will not lead to an unravelling of the EU and thus far has served to enhance support for the Union in other member states. Yet Brexit will not lead to any sudden deepening of integration.


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