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Opting out from European Union legislation: the differentiation of secondary law

Duttle, Thomas and Holzinger, Katharina and Malang, Thomas and Schäubli, Thomas and Schimmelfennig, Frank and Winzen, Thomas (2017) 'Opting out from European Union legislation: the differentiation of secondary law.' Journal of European Public Policy, 24 (3). pp. 406-428. ISSN 1350-1763

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Differentiated integration in the European Union (EU) has been primarily discussed and analysed at the treaty level, whereas lack of systematic data has hampered the examination of secondary-law or legislative differentiation. We present a new data set of differentiation in EU legislation from 1958 to 2012, a descriptive analysis and a comparison of the patterns of primary- and secondary-law differentiation across time, member states and policies. We find that differentiation facilitating the accession of new members and constitutional differentiation accommodating the opposition against the integration of core state powers drive both primary- and secondary-law differentiation. In addition, we find complementarity between differentiation in treaty law and secondary legislation depending on the availability and salience of differentiation opportunities.

Item Type: Article
Uncontrolled Keywords: Differentiated integration, European Union, legislation, opt-outs, secondary law
Subjects: J Political Science > JA Political science (General)
Divisions: Faculty of Social Sciences
Faculty of Social Sciences > Government, Department of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 21 Jan 2019 14:18
Last Modified: 06 Jan 2022 13:56

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