Constitutional Change in the EU: From Uniformity to by Grainne De Burca, Joanne Scott

By Grainne De Burca, Joanne Scott

This choice of essays goals to handle the altering constitutional framework of the eu Union, and a few of the altering styles of governance inside of this advanced polity. the first target of the publication is to envision the plain and sluggish shift within the paradigm of eu governance from one emphasizing the significance of uniformity and harmonization to at least one which embraces a considerable measure of suppleness and differentiation. The chapters diversity from huge, theoretical mirrored image at the constitutional implications of differentiation and adaptability for the eu polity, to extra concentrated case stories which research a variety of varieties of nearer co-operation, variable geometry and suppleness latest in particular coverage components. a number of the contributions interrogate the level to which there has truly been any major swap of paradigm, and others discover the various diverse meanings and situations of flexibleness that have emerged. total, in offering quite a few views and techniques of addressing those vital and topical questions, the gathering brings into concentration either the issues and the capability methods ahead for Europe which those constitutional advancements recommend.

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Extra info for Constitutional Change in the EU: From Uniformity to Flexibility

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In its treatment of flexibility, Amsterdam is both instrumental and reflexive. 20 This dualism—which fits a broader pattern of retrospective or incremental constitutionalization within the EU Treaty framework21—suggests how law, and in particular the ideal of legal uniformity within the EU, can simultaneously exhibit both vulnerability to wider political forces and an independent capacity to make a positive difference to the prospects of the European polity. The vulnerability of the legal form is exposed where the Treaty-makers, qua bearers of sectoral, national-strategic and other partial interests, have influenced negotiations in the IGC in the direction of further ad hoc flexibility in Justice and Home Affairs, with attendant problems of boundary maintenance 17 Cf.

43 and 44 TEU; for its application to the First and Third Pillars, see Art. 11 (5a) EC Treaty and Art. 40 TEU respectively. For discussion, see references at n. 2, supra. 21 This can be seen, for example, in the belated recognition given to the European Council in the Single European Act, long after it had become an institutional fact; or, arguably, in the development of a general concept of subsidiarity in the Treaty of Maastricht, after many years of executive and, to an even lesser extent, legislative practice and procedure which paid uneven attention to the logic of subsidiarity.

372. , 373–4. Flexibility within a Metaconstitutional Frame 11 tions and the new wave of EU candidate states make for a more elaborate network of overlapping polities of which the complexly differentiated EU framework is but one seamless component. 9 It is not the product of a single fixed or even evolving vision. Rather it has unfolded in a sequence of strategic negotiations and gambits, of policy-driven initiatives within discrete sectors, and of accommodations of new geopolitical forces. Its composition is marked not by design, certainty and consensus, but by contingency, ambiguity and disagreement.

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