Diferenciacija v pravu EU ter asimetrični federalizem : dve strani istega kovanca?

slovenian

2024

volume 79, issue 5/6

(quasi-)federal systems   accommodation of diversity   asymmetric federalism   differentiation   diversity   European Union   multilevel constitutional systems   unity

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

This paper addresses the challenge of achieving an appropriate balance between unity and diversity within multilevel constitutional systems. It proposes a parallel examination of two theoretical frameworks: differentiation in EU law and asymmetric federalism. Although the principles of unity and effectiveness are central to the EU legal order, differentiation has consistently featured in the evolution of European integration. Through various mechanisms of differentiation, the EU has managed the increasing diversity among its Member States. Similarly, (quasi-)federal systems tackle this issue by introducing various forms of asymmetries, which are analysed within the framework of the theory of asymmetric federalism. The paper demonstrates significant overlap between differentiation in EU law and asymmetries in (quasi-)federal systems in terms of their causes, explanations, outcomes, and normative foundations. Investigating multilevel constitutional systems through the simultaneous use of differentiation and asymmetric federalism facilitates the achievement of explanatory, analytical, and normative objectives. Specifically, this paper focuses on the relevance of employing asymmetries in the EU, thereby presenting an innovative approach to addressing the challenge of diversity in multilevel systems.

12.11.2024