Lazowski, A. 2014. Flexibility and homogeneity: Two uneasy bedfellows. in: Blockmans, S. (ed.) Differentiated Integration in the EU – From the inside looking out Brussels Centre for European Policy Studies. pp. 37-45
| Chapter title | Flexibility and homogeneity: Two uneasy bedfellows |
|---|---|
| Authors | Lazowski, A. |
| Editors | Blockmans, S. |
| Abstract | Flexibility and homogeneity are two uneasy bedfellows of European integration. The key question is whether flexibility is a good way forward or whether is it a threat to integration, leading to erosion of coherence of policy-making and homogeneity of EU law. Experience proves that with 28 member states in the EU, flexibility is no longer a rarely used cushion on which an avant garde group of states may theoretically sit, but rather is an indispensable tool to keep the EU together. Indeed, flexibility may be considered as remedy for political stalemates but at the same time it guarantees that the majority may move forward. Nevertheless, the risks to homogeneity of the EU legal order resulting from flexible integration are rather obvious. It leads to deep fragmentation of the legal framework and makes it look like a chaotically designed spider web. To complicate matters even further, Europe of different speeds is not only a domestic affair for the EU. Various models of economic and legal integration without EU membership have been developed in the last 20 years. EU law has become an exportable commodity in its own right. Furthermore, in some cases EU law is applicable in relations to third countries. To achieve this, a degree of flexibility was required from both – the EU and its neighbours. At the same time numerous mechanisms to secure the homogeneity were required. This contribution argues that flexible integration is neither easy to design nor to handle in the EU’s external relations. With the exception of the EEA (European Economic Area), the existing institutional and procedural frameworks are not particularly supportive of homogeneity. Arguably, during the negotiations with the neighbouring countries too much emphasis was put on flexibility. Alas, this was to the detriment of the uniform application and interpretation of the EU acquis. The question this contribution aims to answer is whether this drive to export the EU legal order to third countries comes at too high a price for the homogeneity of EU law. |
| Book title | Differentiated Integration in the EU – From the inside looking out |
| Page range | 37-45 |
| Year | 2014 |
| Publisher | Centre for European Policy Studies |
| Publication dates | |
| Published | 2014 |
| Place of publication | Brussels |
| Web address (URL) | http://www.ceps.eu/book/differentiated-integration-eu-–-inside-looking-out |
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Court of Justice of the European Union and the United Kingdom after Brexit: Game Over?
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Aranyosi and Caldararu through the Eyes of National Judges
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When Cives Europae became bargaining chips: free movement of persons in the Brexit negotiations
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Stepping into uncharted waters no more: the Court of Justice and EU Criminal Law
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Exercises in Legal Acrobatics: Brexit Transitional Arrangements
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The External Dimension of Withdrawal from the European Union
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Be careful what you wish for: procedural parameters of EU withdrawal
Lazowski, A. 2017. Be careful what you wish for: procedural parameters of EU withdrawal. in: Closa, C. (ed.) Dealing with Secession from a Member State and Withdrawal from the European Union: Troubled Membership Cambridge Cambridge University Press. pp. 234-255
Inside but out? The UK and the EU
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EU Criminal Law and Enlargement
Lazowski, A. 2016. EU Criminal Law and Enlargement. in: Mitsilegas, V., Bergström, M. and Konstadinides, T. (ed.) Research Handbook on EU Criminal Law Edward Elgar. pp. 507-531
The European Court of Justice blocks the EU's accession to the ECHR
Lazowski, A. and Wessel, R. 2015. The European Court of Justice blocks the EU's accession to the ECHR. CEPS Commentary. 40.
The Importance of Being Earnest: Spelling of Names, EU Citizenship and Fundamental Rights
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When Caveats Turn into Locks: Opinion 2/13 on Accession of the European Union to the ECHR
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The European Court of Justice blocks the EU's accession to the ECHR
Lazowski, A. and Wessel, R.A. 2015. The European Court of Justice blocks the EU's accession to the ECHR. CEPS Commentary.
"Darling you are not going anywhere": the right to exit in EU Law
Lazowski, A. 2015. "Darling you are not going anywhere": the right to exit in EU Law. European Law Review. 40 (6), pp. 877-894.
Between dream and reality: challenges to the legal rapprochement of the Western Balkans
Lazowski, A. and Blockmans, S. 2014. Between dream and reality: challenges to the legal rapprochement of the Western Balkans. in: Petrov, R. and Van Elsuwege, P. (ed.) Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? Routledge. pp. 108-133
EU Criminal Law: a Challenge or Nightmare for Lawyers?
Lazowski, A. 2014. EU Criminal Law: a Challenge or Nightmare for Lawyers? Legal Profession Before and After Accession, 12th Jean Monnet Seminar, . Dubrovnik, University of Zagreb 15 Apr 2014
Europe of Different Speeds: Panacea or Threat to European Integration?
Lazowski, A. 2014. Europe of Different Speeds: Panacea or Threat to European Integration?
Inside but out: United Kingdom in the European Union
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Social assistance in times of economic crisis: at the crossroads of EU legislation on free movement and EU legislation on social security
Lazowski, A. 2014. Social assistance in times of economic crisis: at the crossroads of EU legislation on free movement and EU legislation on social security. Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future?. Luxembourg, EIPA 01 Dec 2014
Between dream and reality: challenges to the legal rapprochement of the Western Balkans
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The Seventh EU Enlargement and Beyond: Pre-Accession Policy vis-à-vis the Western Balkans Revisited
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Editorial Note: It was a good year....wasn’t it?
Lazowski, A. 2013. Editorial Note: It was a good year....wasn’t it? Croatian Yearbook of European Law and Policy. 9, pp. VII-XIV.
Restrictions to movement rights imposed by the Member States on their own citizens
Lazowski, A. 2013. Restrictions to movement rights imposed by the Member States on their own citizens. Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future?, European Institute of Public Administration (EIPA). Luxembourg 05 Dec 2013
Editorial Note: It was a good year....wasn’t it?
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Children of the Lesser Law: A Commentary on Joined Cases Ziółkowski and Szeja
Lazowski, A. 2013. Children of the Lesser Law: A Commentary on Joined Cases Ziółkowski and Szeja. European Law Review. 38 (3), pp. 404-418.
Decoding a Legal Enigma: the Charter of Fundamental Rights of the European Union and infringement proceedings
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Withdrawal from the European Union and alternatives to membership
Lazowski, A. 2012. Withdrawal from the European Union and alternatives to membership. European Law Review. 37 (5), pp. 523-540.
European Union do not worry, Croatia is behind you: a commentary on the seventh accession treaty
Lazowski, A. 2012. European Union do not worry, Croatia is behind you: a commentary on the seventh accession treaty. Croatian Yearbook of European Law and Policy. 8, pp. 1-39.
Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution
Lazowski, A. 2012. Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution. in: Barnard, C. and Gehring, M. (ed.) Cambridge Yearbook of European Legal Studies: 2011-2012 Hart.
Visionary behind the iron curtain: Cezary Berezowski on european integration
Lazowski, A. 2011. Visionary behind the iron curtain: Cezary Berezowski on european integration. International Community Law Review. 13, pp. 43-57. https://doi.org/10.1163/187197311X552910
Treaty of Lisbon and EU’s absorption capacity
Lazowski, A. 2011. Treaty of Lisbon and EU’s absorption capacity. Polish Quarterly of International Affairs. 19, pp. 56-78.
Half full, half empty glass: the application of EU law in Poland (2004-2010)
Lazowski, A. 2011. Half full, half empty glass: the application of EU law in Poland (2004-2010). Common Market Law Review. 48 (2), pp. 503-553.
Learning the hard way: Bulgaria and EU law
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Poland: constitutional drama and business as usual
Lazowski, A. and Wentkowska, A. 2010. Poland: constitutional drama and business as usual. in: Lazowski, A. (ed.) The application of EU law in the new member states: brave new world Oxford Oxford University Press.
It works! The European Union in the wake of fifth and sixth enlargements
Lazowski, A. 2010. It works! The European Union in the wake of fifth and sixth enlargements. in: Lazowski, A. (ed.) The application of EU law in the new member states: brave new world Oxford Oxford University Press.
The European arrest warrant and detention
Lazowski, A. and Nash, S. 2009. The European arrest warrant and detention. in: Keijzer, N. and van Sliedregt, E. (ed.) The European arrest warrant in practice Cambridge Cambridge University Press. pp. 33-50
With but without you... the Europeanisation of legal orders of the neighbouring countries
Lazowski, A. 2009. With but without you... the Europeanisation of legal orders of the neighbouring countries. in: Ott, A. and Vos, E. (ed.) Fifty years of European integration: foundations and perspectives The Hague T.M.C. Asser Press & Cambridge University Press. pp. 247-270
Towards the reform of the preliminary ruling procedure in JHA Area
Lazowski, A. 2009. Towards the reform of the preliminary ruling procedure in JHA Area. in: Braum, S. and Weyembergh, A. (ed.) Le contrôle juridictionnel dans l’espace pénal européen/The judicial control in EU cooperation in criminal matters Editions de l’Université de Bruxelles. pp. 211-226
Poland: implementation without transposition
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From EU with trust: the potential and limits of the mutual recognition in the third pillar from the Polish perspective
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The EU Agency for Fundamental Rights: limits and
potential
Lazowski, A. 2009. The EU Agency for Fundamental Rights: limits and
potential. in: Barcz, J. (ed.) Fundamental rights protection in the European Union Warsaw C.H. Beck.
Poland: Constitutional tribunal on the preliminary ruling procedure and the division of competences between national courts and the Court of Justice. Court of Justice of the European Communities Order of 19 December 2006
Lazowski, A. 2008. Poland: Constitutional tribunal on the preliminary ruling procedure and the division of competences between national courts and the Court of Justice. Court of Justice of the European Communities Order of 19 December 2006. European Constitutional Law Review. 4 (1), pp. 187-197. https://doi.org/10.1017/S1574019608001879
Prawo międzynarodowe publiczne [Public International Law]
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Poland: implementation without transposition
Lazowski, A. 2008. Poland: implementation without transposition. in: Weyembergh, A. and Santamaria, V. (ed.) The evaluation of European Criminal Law: the example of the Framework Decision on combating trafficking in human beings Editions de l’Université de Bruxelles. pp. 285-300
Enhanced multilateralism and enhanced bilateralism: Integration without membership in the European Union
Lazowski, A. 2008. Enhanced multilateralism and enhanced bilateralism: Integration without membership in the European Union. Common Market Law Review. 45 (5), pp. 1433-1458.
Box of chocolates integration: the European Economic area and Swiss model revisited
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Two sides of the same coin? Framework decisions and directives compared
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Unia Europejska: prawo instytucjonalne i gospodarcze 2007
Lazowski, A., Kenig-Witkowska, M.M. and Ostrihansky, R. Kenig-Witkowska, M.M. (ed.) 2007. Unia Europejska: prawo instytucjonalne i gospodarcze 2007. Warsaw Wolters Kluwer Polska.
The instruments of the European neighbourhood policy
Lazowski, A. 2007. The instruments of the European neighbourhood policy. Neighbourhood Policy: Noaberschap in Europe. Twente, The Netherlands 20 Apr 2007
What procedural reform to improve the contribution of the European Court of Justice to the European Penal Area?
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Rozporządzenie jako źródło prawa Wspólnot Europejskich [Regulations as Source of EC Law]
Lazowski, A. 2007. Rozporządzenie jako źródło prawa Wspólnot Europejskich [Regulations as Source of EC Law]. Europejski Przegląd Sądowy. 3, pp. 12-19.
The Reform Treaty: a paradise for lawyers and jigsaw puzzle for EU citizens (in Polish)
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The Polish parliament and EU affairs; an effective actor or an accidental hero
Lazowski, A. 2007. The Polish parliament and EU affairs; an effective actor or an accidental hero. in: O'Brennan, J. and Raunio, T. (ed.) National parliaments within the enlarged European Union: from 'victims' of integration to competitive actors? London, UK Routledge. pp. 203-219
The Polish constitution, the European constitutional treaty and the principle of supremacy
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Poland: constitutional tribunal on the surrender of Polish citizens under the European Arrest Warrant. Decision of 27 April 2005
Lazowski, A. 2007. Poland: constitutional tribunal on the surrender of Polish citizens under the European Arrest Warrant. Decision of 27 April 2005. European Constitutional Law Review. 3 (1), pp. 148-162. https://doi.org/10.1017/S1574019607001484
Free movement of workers: transitional periods for the new member states (in Polish)
Lazowski, A. 2007. Free movement of workers: transitional periods for the new member states (in Polish). Recent Developments in Free Movement of Workers and Services (in Polish). Gródek nad Dunajcem, Poland 28 May 2007
European criminal law as a challenge for the ECJ: towards the reform of the preliminary ruling procedure
Lazowski, A. 2007. European criminal law as a challenge for the ECJ: towards the reform of the preliminary ruling procedure. Which jurisdictional control in the European penal area?. Luxembourg 09 - 10 Nov 2007
Enhanced bilateralism and multilateralism: integration without a membership
Lazowski, A. 2007. Enhanced bilateralism and multilateralism: integration without a membership. 50 Years of European Integration: Foundations and Perspectives. Maastricht 23 - 24 Mar 2007
Engaged elites or kings of dreams: businesses as enforcers of EU law in Central and Eastern Europe
Lazowski, A. 2007. Engaged elites or kings of dreams: businesses as enforcers of EU law in Central and Eastern Europe. First Central and Eastern European Rule of Law Symposium: The Judicial Reforms and the EU Accession. Sofia, Bulgaria 16 Jun 2007
Eelotsusemenetluse – kaasusõpped [case studies on the preliminary ruling procedure]
Lazowski, A. 2007. Eelotsusemenetluse – kaasusõpped [case studies on the preliminary ruling procedure]. Tartu Estonian Law Centre Foundation.
Application of EU law in the new Member States: per varios usus artem experentia fecit
Lazowski, A. 2007. Application of EU law in the new Member States: per varios usus artem experentia fecit. Federalizing the EU: Why Do It?. Athens, Greece 19 May 2007
And then they were twenty-seven... a legal appraisal of the Sixth Accession Treaty
Lazowski, A. 2007. And then they were twenty-seven... a legal appraisal of the Sixth Accession Treaty. Common Market Law Review. 44 (2), pp. 401-430.
Prawo instytucjonalne Unii Europejskiej [Institutional law of the European Union]
Kenig-Witkowska, M.M., Lazowski, A. and Ostrihansky, R. 2007. Prawo instytucjonalne Unii Europejskiej [Institutional law of the European Union]. Warsaw, Poland C.H. Beck.
Bulgaria
Lazowski, A. and Yosifova, S. 2006. Bulgaria. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 207-246
Switzerland
Lazowski, A. 2006. Switzerland. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 147-184
EEA Countries (Iceland, Liechtenstein and Norway)
Lazowski, A. 2006. EEA Countries (Iceland, Liechtenstein and Norway). in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 95-146
The European Union and its neighbours: questioning identity and relationships
Blockmans, S. and Lazowski, A. 2006. The European Union and its neighbours: questioning identity and relationships. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 3-18
Conclusions: squaring the ring of friends
Blockmans, S. and Lazowski, A. 2006. Conclusions: squaring the ring of friends. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 613-640
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