Overview

The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to co-operate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation.

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9789050951418

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Andre Klip was trained and graduated in law. He has been Professor of Criminal Law, Criminal Procedure and the Transnational Aspects of Criminal Law since 2001. he is Member of the Board of Directors of the International Association of Penal Law. Founder and Editor of Annotated Leading Cases of International Criminal Tribunals (42 volumes since 1999). Editor-in-Chief of the European Journal on Crime, Criminal Law and Criminal Justice. In 2012 he published the 2nd edition of European Criminal Law. An Integrative Approach, Intersentia Cambridge. Throughout his career, professor Klip has been frequently involved in national and international legal practice. As of-counsel for various law firms he has been involved in litigation and advice relating to cases before the Court of Justice, the European Commission of Human Rights, the International Criminal Tribunal for the Former Yugoslavia, the Supreme Court of the Netherlands and many first and second instance cases. He is judge at the 's-Hertogenbosch Court of Appeal (criminal division). Goeran Sluiter is Professor of International Criminal Law, in particular the Law of International Criminal Procedure at the University of Amsterdam and lawyer at Prakken d'Oliviera. Previously, he worked as a Senior Lecturer in Criminal Law at the University of Amsterdam and a Lecturer in International Law at Utrecht University. He has published an extensive number of articles in journals, including the Journal of International Criminal Justice and International Criminal Law Review. Contributors: Tom Vander Beken, Steven Freeland, Terry Gill, Ivo Josipovic, Andre Klip, Mark Mackarel, Paul Mevis, Gerard Mols, William Schabas, Goeran Sluiter, Mappie Veldt, Harm van der Wilt and Bruce Zagaris.

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