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SSRN Electronic Journal
Article
License: CC BY
Data sources: UnpayWall
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SSRN Electronic Journal
Article . 2021 . Peer-reviewed
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National Constitutional Obstacles to Differentiated Integration

Authors: Reestman, J.-H.;

National Constitutional Obstacles to Differentiated Integration

Abstract

It has become increasingly difficult to unite all member states behind policies that some of them consider desirable or necessary to further EU integration. Differentiated integration may be a solution for this, but also may complicate decision-making. This by raising national constitutional obstacles that have to be cleared in addition to those encountered in the ‘ordinary’ or at least the ‘most obvious’ decision-making procedure, which is, depending on the subject matter, decision-making by all member states inside the EU legal order, or the conclusion of an EU (Amendment) Treaty. There are only very few additional national constitutional obstacles to differentiated integration inside the EU legal order. As regards differentiated integration outside the EU legal order, via treaties, two categories should be distinguished. The first consists of treaties which regulate subject matter which could have been regulated in secondary EU law. If we compare the national process of treaty conclusion to the EU decision-making process, the additional national constitutional obstacles are manifold. They differ from one-member state to another and may range from approval by parliament or by referendum, via constitutional amendments, to ratification. The second subcategory consists of treaties which regulate subject matter for which no competence exists at the EU level. Instead of transferring the lacking competence to the EU by way of an EU (Amendment) Treaty, member states can opt for an ordinary treaty. If we compare the national constitutional obstacles faced by these to similar obstacles faced by EU (Amendment) Treaties, no additional national constitutional obstacles have been detected.

Countries
Netherlands, Italy
Keywords

EU internal differentiated integration, 330, National rules conditioning EU enhanced cooperation, Values and rights, CoFoE, 320, Parliamentary approval of treaties, Unicameralism, National phases of treaty conclusion

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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!
0
Average
Average
Average
Green
hybrid