Unequal Equals? The Status of Member States in an Integrating European Union
Synopsis
Unequal Equals? The Status of Member States in an Integrating European Union explores the relationship between two principles that are central to European integration but do not always sit easily together: the further development of the integration process and the equality of the European Union’s Member States. The book asks whether deeper integration can proceed without undermining the sovereign equality of the Member States and considers the legal and institutional conditions needed to preserve a workable balance between the two.
The individual chapters approach this question from theoretical, institutional, doctrinal, and sector-specific perspectives. They examine the changing meaning of state sovereignty, the representation and treatment of Member States within EU institutions, differentiated integration, and various forms of intergovernmental cooperation. The book also considers the effects of legal harmonisation and unification in areas such as judicial cooperation, taxation, artificial intelligence, data protection, and migration. These analyses are complemented by comparisons with national constitutional systems, other international organisations, and federal arrangements.
The book shows that formal equality between Member States does not necessarily lead to equality in practice. Uniform rules may affect Member States differently, particularly where their economic resources, administrative capacities, and legal traditions differ. The aim of the volume is not to question the European integration project itself, but to examine its limits and the conditions of its legitimacy. It therefore argues for a careful exercise of EU powers, respect for constitutional identity and national diversity, and a more balanced relationship between effectiveness, democracy, sovereignty, and equality.
Chapters
-
Introduction and Research Framework
-
Sovereign and Equal, Unconditionally? The Principle of Sovereign Equality in International Law
-
Shared Sovereignty, Limited Equality: The Tension Between Member States and Supranationalism
-
Equality as a Constitutional Value: The Principle of Equality in EU Law
-
The View From Outside: Equality of Member States From the Perspective of National Constitutional Laws and Courts
-
The Balance of Power: Equal Representation of Member States in EU Institutions
-
Equality in Institutional Practice: The Treatment of Member States by EU Institutions
-
Equality Through Differentiation: Opt-Outs and Enhanced Cooperation as Expressions of Sovereignty
-
The Intergovernmental Alternative: ‘Tertial Law’ and Agreements Outside the Framework of Treaties
-
Respecting Equality: Practical Manifestations of Intergovernmental Integration Outside the Treaties
-
Bridging the Gaps: Mutual Trust and Recognition as Tools for Cooperation of Equals
-
Civil Justice and the Limits of Trust: Balancing Integration, National Diversity, and Equality
-
Fighting Crime Across Borders: Sovereign Equality and Judicial Cooperation in Criminal Matters
-
Fiscal Sovereignty vs. Coordination: The Struggle for Equality in Tax Regulation
-
Equal Rules, Unequal Effects: Challenging Member State Equality Through One-Size-Fits-All Regulations
-
Regulating the Future: The AI Act, EU Principles, and the Challenge of Member State Equality
-
Managing Migration: The Clash Between Solidarity and Sovereignty
-
The Outer Circle: Models of Association for Non-Members (EEA, Switzerland, UK, Turkey)
-
Comparative Perspectives: Federal and International Models as an Inspiration for EU Member State Equality
-
Conclusion and Implications
Downloads
