1. DIFFERENTIATED INTEGRATION
Prof. Dr. Cristina Elías Méndez
Universidad Nacional de Educación a Distancia
(UNED, Spain)
21/11/2017

2. DIFFERENTIATED INTEGRATION (DI)
CONCEPT
THESIS
EXISTING FORMS OF DI
LEGAL FRAME
CONSTITUTIONAL IMPLICATIONS
POSSIBLE FUTURE AVENUES

3. CONCEPT Alexander Stubb (1996):
Differentiated integration = “the general mode of integration strategies which try to reconcile heterogeneity within the European Union and allow different groupings of Member States to pursue an array of public policies with different procedural and institutional arrangements”.

4. CONCEPT The «second best» option (reasons).
Final aim: progress towards union.
A long history: (Schengen, Eurozone).
Juncker, White Paper on the State of the Union, 2017: Scenario 3: «Those who want more do more».

5. THESIS
Differentiated integration is not the best option, but it is a convenient and necessary form of integration.
Complexity of the EU.

6. EXISTING FORMS OF DI https://tineurope. wordpress
EXISTING FORMS OF DI integration-in-one-graphic-2015/ (Kreilinger)

7. FORMS OF DI
Stubb distinguishes around 30 models of DI which can be classified in 3 categories:
TIME (or temporal differentiation), with “multi-speed Europe”; (Tindemans, final aim)
MANNER (sectoral differentiation), with a “à la carte Europe” (Maastricht Treaty)
SPACE (or territorial differentiation), with “variable geometry Europe”; (concrete activities, outside the Treaties)

8. FORMS OF DI
Kerneuropa: same will and capacity: enhanced cooperation (positive analysis); other Member States can join when they meet the requirements.
Enhanced cooperation: Treaty of Amsterdam

9. FORMS OF DI
The terminology is not so relevant. WITHIN the Treaties: multiple and varied possibilities. DI decisions have also been taken OUTSIDE the framework of the Treaties (e.g. Treaty on Stability, Coordination and Governance).

10. LEGAL FRAME
DI is foreseen and allowed in the Treaties. Desirable: -in the framework of the Treaties; -using the existing institutional framework, not parallel structures; -open to all the EEMM; -temporary character.

11. CONSTITUTIONAL IMPLICATIONS
Possible
Staatenverbund (German Constitutional Court)
Depends on the EU conception
The old dialectics: “enlargement versus deepening”.

12. CONSTITUTIONAL IMPLICATIONS
POSITIVE:
Unblock paralysis situations;
reconcile different interests;
leadership effect on other Member States.

13. CONSTITUTIONAL IMPLICATIONS
NEGATIVE:
Breach of unity;
complex for citizens;
functioning of the institutions;
concurrent legal systems;

14. CONSTITUTIONAL IMPLICATIONS
NEGATIVE:
lack of political efficacy;
legitimacy;
democratic guarantees;
role of the EP and national parliaments;
political accountability.

15. POSSIBLE FUTURE AVENUES
Work within the Treaties;
Reform the Treaties;
Work outside the Treaties.

16. POSSIBLE FUTURE AVENUES
A small selection of policy areas:
Economic Governance (Eurozone)
Defence (PeSCo)
Freedom, Security and Justice (Schengen)

17. SUMMING UP Danger of spreading? «DI can safe the EU».
DI: importance nowadays and in the following years.