Redefining EU Membership: Differentiation In and Outside the European Union
Redefining EU Membership: Differentiation In and Outside the European Union
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Abstract
At first sight, it would appear as though the question of the definition of membership of the European Union (EU) is superfluous. The Treaty on EU unequivocally defines, in its Article 1, that the contracting parties are the Member States of the EU. However, closer examination could cast some doubt on this unitary status of Member States, or at the very least it could reveal that it needs nuancing. While diversity and, to some extent, differentiation, or even fragmentation, have been part and parcel of the European integration process since its very beginning, several developments invite a new reflection on membership within the EU and relatedly on differentiation in and outside the EU today. This is what the contributions to this edited volume propose. These contributions are organized around four aspects of the tensions faced by the concept of a unitary and formal EU membership: first, an examination of key policy areas in which we have already witnessed various forms of differentiated integration; second, an analysis of ‘special statuses’ within the EU; third, important examples of non-Member States in which EU law is applied (with and without their participation in the EU’s decision-making process); and fourth, the situation of states under accession or secession procedures which obliges them to accept EU norms and policies even prior to/after formal membership. These analyses are complemented by a reflection on the concept of EU membership in itself. In a context in which EU enlargement appears likely, the provided analyses pave the way towards a reflection on the need to introduce several kinds of memberships to the EU in the future.
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Front Matter
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1
Introduction—(Re)defining Membership? Current and Future Perspectives for EU Differentiated Integration
Diane Fromage
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2
Member State Equality and Procedural Fairness in Differentiated Integration: A Republican Perspective
Dirk Leuffen
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3
How Differentiated is EMU Membership? The De Facto and De Jure Constraints of EU Economic Governance
Mark Dawson andTomasz P Woźniakowski
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4
Differentiated Integration in EU Foreign, Security, and Defence Policy
Petra Mahnič andÁlvaro de Elera
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5
Playing Fast and Loose: Unravelling Membership in the AFSJ
Deirdre Curtin andMaria Patrin
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6
Of Bits and Pieces of EU Law in Territories: The Many Shades of European Integration
Stéphanie Laulhé Shaelou andKaterina Kalaitzaki
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7
Permanent Derogations and Transitional Arrangements for New Member States: Accession Condictiones Sine Quibus Non
Adam Łazowski
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8
Governance Architecture and Prospects for Regulatory Differentiation in the EU–UK Trade Relationship
Kathryn Wright
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9
Caught in the Balance: Consequences of Associated Membership over Time
Nadja S Kühn andJarle Trondal
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10
Diffusion and Differentiation of EU Norms in the EEA
Christian NK Franklin
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11
EU Norm Diffusion to Switzerland: EU Policies À la carte and Integration in Pieces?
Andrea Ott andBenedikt Pirker
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12
External Differentiated Integration: The Modalities of Turkey’s Opting into the European Union
Meltem Müftüler-Baç
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13
The Western Balkans and European Union Enlargement—Exploring Possibilities of Differentiated Integration
Marko Milenković
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14
Democratic Reform and Backsliding in the Post-Soviet Area: What Role for the EU?
Giselle Bosse
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15
Integration without Membership? Achievements and Limitations of Functionalist Cooperation in the EU’s Eastern Neighbourhood
Laure Delcour
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End Matter
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