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Instrumental and Constitutional Differentiation in the European Union

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  • Frank Schimmelfennig
  • Thomas Winzen

Abstract

Differentiation has become a salient feature of European integration. Yet systematic empirical evidence is lacking about its origins, duration and variation across countries and policies. This article provides such evidence from a new data set on differentiation in European Union treaty law. In addition, it is argued that two logics of treaty‐based differentiation are at work. ‘Instrumental differentiation’ originates in enlargement and is motivated by efficiency and distributional concerns. ‘Constitutional differentiation’ has its origins in treaty revisions and is motivated by concerns about national sovereignty and identity. It is driven by Eurosceptic Member States that are opposed ideologically, or fear popular resistance, to the supranational centralization of core state powers.

Suggested Citation

  • Frank Schimmelfennig & Thomas Winzen, 2014. "Instrumental and Constitutional Differentiation in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 52(2), pages 354-370, March.
    • Handle: RePEc:bla:jcmkts:v:52:y:2014:i:2:p:354-370
    DOI: 10.1111/jcms.12103
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    References listed on IDEAS

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    1. Eric Philippart & Geoffrey Edwards, 1999. "The Provisions on Closer Co‐operation in the Treaty of Amsterdam: The Politics of Flexibility in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 37(1), pages 87-108, March.
    2. Alexander C‐G. Stubb, 1996. "A Categorization of Differentiated Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 34(2), pages 283-295, June.
    3. Eric Philippart & Geoffrey Edwards, 1999. "The provisions on closer co-operation in the treaty of Amsterdam: The politics of flexibility in the European Union," ULB Institutional Repository 2013/167095, ULB -- Universite Libre de Bruxelles.
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    Cited by:

    1. Tanja A. Börzel, 2016. "From EU Governance of Crisis to Crisis of EU Governance: Regulatory Failure, Redistributive Conflict and Eurosceptic Publics," Journal of Common Market Studies, Wiley Blackwell, vol. 54, pages 8-31, September.
    2. Sandra Kröger & Maria Dede, 2022. "Differentiated integration in the European Union: Its role for cooperating with nonmembers and for the EU’s future as perceived by academic experts," RSCAS Working Papers 2022/63, European University Institute.
    3. Barbora Hronešová, 2017. "European integration differentiation - theory and concept [Diferenciace evropské integrace - teorie a koncepty]," Současná Evropa, Prague University of Economics and Business, vol. 2017(1), pages 58-76.
    4. Frank Schimmelfennig, 2015. "What's the News in ‘New Intergovernmentalism'? A Critique of Bickerton, Hodson and Puetter," Journal of Common Market Studies, Wiley Blackwell, vol. 53(4), pages 723-730, July.
    5. Stephan Klose & Elie Perot & Sevgi Temizisler, 2023. "Spot the Difference: Differentiated Co‐operation and Differentiated Integration in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 61(1), pages 259-276, January.
    6. Martin Moland, 2024. "Past Political Asymmetry and Present Public Opinion: How Has the Asymmetrical Federation of the EU Shaped Popular Opinion of Its Optimal Shape?," Publius: The Journal of Federalism, CSF Associates Inc., vol. 54(2), pages 361-385.
    7. Kubin Tomasz, 2017. "Enhanced Cooperation, EMU Reforms and Their Implications for Differentiation in the European Union," TalTech Journal of European Studies, Sciendo, vol. 7(2), pages 84-106, October.
    8. Max Heermann & Dirk Leuffen, 2020. "No Representation without Integration! Why Differentiated Integration Challenges the Composition of the European Parliament," Journal of Common Market Studies, Wiley Blackwell, vol. 58(4), pages 1016-1033, July.
    9. Stefan Telle & Lisanne de Blok & Catherine E. de Vries & Lorenzo Cicchi, 2022. "Elite‐Mass Linkages in the Preference Formation on Differentiated Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 60(6), pages 1663-1683, November.
    10. Jørgen Bølstad, 2015. "Dynamics of European integration: Public opinion in the core and periphery," European Union Politics, , vol. 16(1), pages 23-44, March.
    11. Thomas Malang & Katharina Holzinger, 2020. "The political economy of differentiated integration: The case of common agricultural policy," The Review of International Organizations, Springer, vol. 15(3), pages 741-766, July.
    12. Thomas Winzen & Frank Schimmelfennig, 2016. "Explaining differentiation in European Union treaties," European Union Politics, , vol. 17(4), pages 616-637, December.

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