The States’ Upcoming Choice: Move Ahead All Together, Some Members Only or Alone?
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All together, some members only or alone? This is the choice that Member States must address. Surely it all depends on the direction we choose to move ahead. But if moving all together is not obvious, moving ahead, too, is not without its problems. Euro speak has always had a messianic fervour to it: ‘An ever closer Union’ are the iconic words of the Treaties. But if it is to be ever closer it must always be moving, closer and closer (even when it gets hot and sticky) to some illusive promised land of integration, with that facile and well-worn example of the bicycle which falls if its stops moving. But why should the question of all together or only some be tied to that problematic Drang nach Elisium? What about the option of staying (partnership-wise) all together, but also staying (destination-wise) exactly where we are, content with what we have created and, perhaps, not risking it with ever new ventures and expanding frontiers, geographical, political or functional. To complexify even further, one has to add the manner in which we move that destination: The manner in which Europe is governed—in what areas does a State retain its veto, to give but one example or how adept will the Union be in respecting the democratic traditions of the Member States to give another—will also determine whether a Member State wants to move all together, only with some, or maybe even exit—as its only option if it feels an unacceptable loss of voice. In this chapter we will try to untangle some of these complexities exploring in depth the ‘alone-exit’ option. It is critical in our view to address two ‘alone’ narratives which are current in Europe: the obvious one which is exit from the European Union (EU)—à la Brexit. But no less important is the interconnected narrative of exit from a Member State à la Catalonia, Scotland and others. They are interconnected in two ways: first, it is the prospect of finding a safe haven within the EU which emboldens the call for secession from within Member States. Secondly, and even more importantly, there is a common mindset to these two narratives of aloneness which requires exploration. Both are a problem and a challenge to Europe, the second even more than the first. We will then turn to the ‘all together’ and the ‘some members only’ options. Our thesis here is simple enough: this is a false dichotomy. At least since the 1970s, Europe has been practicing in myriad ways, big and small, a combination of ‘all together’ and ‘some members only’. It is but another manifestation of ‘united in diversity’. There is no going back on this combined model. Our preferred term for such is differentiated integration. It is part of Europe’s very ontology. It is a complex matrix with differentiation occurring along axes of time, space and subject matter. But central to our analysis is the differentiation between ‘in Treaty’ differentiated integration—through the mechanism of enhanced cooperation, and ‘ex Treaty’ differentiated integration—through ad hoc arrangements, international treaties and some mechanisms which straddle both in and ex. We will highlight two features of this empirical matrix. First, a paradox whereby the ‘in Treaty’ enhanced cooperation though functional has been marginal, whereas the ‘ex Treaty’ model has captured the centre stage in importance—think about the Fiscal Compact—even if of dubious legality. Secondly, the status quo even if functional and pragmatic is messy and contentious and often leaves a bitter taste of a two-class Europe rather than a two-speed Europe.
Source Publication
The History of the European Union: Constructing Utopia
Source Editors/Authors
Giuliano Amato, Enzo Moavero-Milanesi, Gianfranco Pasquino, Lucrezia Reichlin
Publication Date
2019
Recommended Citation
Weiler, Joseph H. H. and Vasel, Johann Justus, "The States’ Upcoming Choice: Move Ahead All Together, Some Members Only or Alone?" (2019). Faculty Chapters. 1482.
https://gretchen.law.nyu.edu/fac-chapt/1482
