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Differentiation in European Union Law

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ISBN13: 9781841130729
ISBN: 1841130729
Published: May 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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What is meant when politicians and lawyers talk of an opt-out, of ""multi-speed"" Europe, of variable geometry and even of European Union ""a la carte""? Will closer co-operation be authorized, and where? These and many other questions are addressed in this work, which deals with the intriguing and controversial development of increased differentiation in European Union law. Adopting a law in context approach, it offers an analysis of differentiation from the Treaty of Rome to the present, including the 1996 Intergovernmental Conference and the Treaty of Amsterdam, a categorization of differentiation and a search for the various causes and objectives of differentiation and its consequences for the future of the European integration process. Particularly relevant in view of the ratification of the Treaty of Amsterdam, legal scholars and political scientists should find this book helpful in keeping abreast of the debates on European constitutional law.

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Subjects:
EU Law
Contents:
From Rome to Maastrict - a historical overview of differentiation: the Treaty of Rome; the Single European Act; the Treaty on European Union. From Maastrict to Amsterdam - differentiation and the 1996 IGC: differentiation in the run-up to the 1996 IGC; the 1996 IGC discussion on differentiation. Differentiation and the Treaty of Amsterdam: EC; Title V TEU; Title VI TEU; differentiated integration of the Schengen acquis into the EU framework. Differentiation and the principle of non-discrimination: what is discrimination?; the comparability test; the justification test; differentiation and proportionality; differentiation and objective justification. A categorisation of differentiation: parameters; categories - actual differentiation, secondary law, potential differentiation; primary law - general, specific; secondary law - general, specific. ""Europe a la carte - legal limits to a multi-speed Europe with various groupings"": multi-speed; a la carte; case study - differentiation and the EC's external relations; variable geometry. Differentiation in context: causes of differentiation; objectives of differentiation; consequences of differentiation. Annexes: tables of equivalences; 1996 IGC documents on differentiation.