Bulletin n. 3/2006
December 2006
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Thym Daniel
    The political character of supranational differentiation
    in European Law Review , n. 6, vol. 31, december ,  2006 ,  781-799
    ABSTRACT: A decade ago, instruments of differentiation and flexibility were hailed by some commentators as a potential resolution to the European Union's non-simultaneity after enlargement, whereas others vigorously opposed any departure from the logic of uniform integration. After the first years of experience the time has come to step back and evaluate the functioning of the various instruments of supranational differentiation. In practice, neihter the high expectations nor the deep concerns have materialised. While the general mechanism for enhanced co-operation has never been put in practice, monetary union and the integrated Schengen law operate rather smoothly without the participation of all Member States. This is no coincidence. The various forms of supranational differentiation, defined by the limited geographic scope of Community law and the corresponding suspension of voting rights in the Council, are deliberately designed on the basis of the supranational integration method. As a pragmatic legal instrument, they provide for the asymmetric realisation of specific policy projects among a limited number of Member States within the existing legal and institutional framework of the European Treaties. Following the supranational blueprint of the existing Treaties, supranational differentiation may not resolve the Union's present double crisis of constitutional blockage and enlargement fatigue, but contributes nonetheless to the continued dynamism of its existing institutional and legal structure. Its strenght is the accomodation of national political diversity within the traditional supranational integration method.
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