Behind the Scenes of Differentiated Integration: Circumventing National Opt-Outs in Justice and Home Affairs

Journal of European Public Policy, 16(1): 62-80, 2008

Posted: 27 Jun 2013

See all articles by Rebecca Adler-Nissen

Rebecca Adler-Nissen

Department of Political Science, University of Copenhagen

Date Written: December 4, 2008

Abstract

This article examines the formal and informal practices of two champions of opting out, the United Kingdom and Denmark, in the area of Justice and Home Affairs. On the surface, both countries have chosen to avoid further integration within this policy area to safeguard national autonomy. Foreign policy experts have argued that national reservations lead to the loss of influence and possibly second-class membership, and legal scholars describe substantial opt-outs as a ‘hijacking’ of the acquis communautaire. This article demonstrates that opting out does not necessarily imply that member states are out in the cold. Both the UK and Denmark, it is argued, have influence and adapt to new EU legislation, even in politically sensitive areas covered by their protocols. National opt-outs are pragmatically circumvented in the consensus-oriented Council of Ministers.

Keywords: Opt-out, Denmark, UK, justice and home affairs, EU, Lisbon Treaty, national autonomy

Suggested Citation

Adler-Nissen, Rebecca, Behind the Scenes of Differentiated Integration: Circumventing National Opt-Outs in Justice and Home Affairs (December 4, 2008). Journal of European Public Policy, 16(1): 62-80, 2008, Available at SSRN: https://ssrn.com/abstract=2284880

Rebecca Adler-Nissen (Contact Author)

Department of Political Science, University of Copenhagen ( email )

Solbjerg Plads 3
Copenhagen, DK-2100
Denmark

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
242
PlumX Metrics