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JCMS Journal of Common Market Studies
Article . 2019 . Peer-reviewed
License: Wiley Online Library User Agreement
Data sources: Crossref
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The End of Exceptionalism and a Strengthening of Coherence? Law and Legal Integration in the EU Post‐Brexit

Authors: Cardwell, P. J.;

The End of Exceptionalism and a Strengthening of Coherence? Law and Legal Integration in the EU Post‐Brexit

Abstract

AbstractThe EU's legal system has been built on the principle of a single legal order. Undeniably, however, differentiation has crept in. The UK has been at the forefront of seeking opt‐outs and exceptions to the euro, the Schengen area and so on. After Brexit, will requests by member states for special treatment continue, or will the Brexit experience strengthen the legal order? Is the EU's legal system capable of absorbing differentiation in its fabric? This article argues that differentiation can be accommodated only so far in the Treaty arrangements without a wholescale re‐evaluation of the purpose of EU law. The UK's departure removes the member state most ready to challenge some of the fundamentals of the legal order, but the article urges caution against a full re‐characterization of the nature of EU law post‐Brexit. Instead, the article foresees a continuation of the status quo, in which differentiation exists in various forms but as exceptions to the rule, rather than the rule itself.

Country
United Kingdom
Keywords

340, opt-outs, EU law, JN, Brexit, differentiation, legal integration, 320, K

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citations
The total number of citations received by all articles of the researcher of interest.
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
8
Top 10%
Average
Top 10%
Green
bronze
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