External Differentiated Integration: Legal Feasibility and Constitutional Acceptability

78 Pages Posted: 9 Sep 2020

See all articles by Luigi Pedreschi

Luigi Pedreschi

affiliation not provided to SSRN

Joanne Scott

European University Institute - Department of Law (LAW)

Date Written: September 2020

Abstract

The concept of external differentiated integration has received only modest attention from the legal community. As such, the concept’s contours have been shaped primarily by political science. There is therefore a pressing need for a stronger legal orientation to underpin discussions of this concept. This paper seeks to construct an analytical framework for a legal exploration of external differentiation and to map its ranging landscape. In assessing the legal feasibility and constitutional acceptability of external differentiation, the paper distinguishes between external differentiation that is driven by the conclusion of an international agreement such as the EEA Agreement, and external differentiation that flows from the adoption of an internal EU act, such as the General Data Protection Regulation. Alongside the legal analysis, the importance of the paper lies in developing an analytical tool to measure the degree of ‘legalization’ that is inherent in international agreements giving rise to external differentiation and in the recognition that external differentiation can be achieved as a result of unilateral instruments as well as through the conclusion of international agreements.

Keywords: Third country alignment with EU law, Legalization, EU unilateralism, Extraterritoriality and Territorial Extension, Third country alignment with EU law.

Suggested Citation

Pedreschi, Luigi and Scott, Joanne, External Differentiated Integration: Legal Feasibility and Constitutional Acceptability (September 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/54, EUI Department of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3688339 or http://dx.doi.org/10.2139/ssrn.3688339

Luigi Pedreschi (Contact Author)

affiliation not provided to SSRN

Joanne Scott

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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

Paper statistics

Downloads
19
Abstract Views
115
PlumX Metrics