Uniti nella.. diversificazione. Il modello di integrazione differenziata nel quadro di cooperazioni rafforzate secondo la Corte di giustizia

The essay explores the model of differentiated integration corresponding to enhanced cooperation as a result of the case-law of the Court of Justice, particularly the judgment on the unitary patent protection (which is apparently more far-reaching, in this respect, than that on the financial transactions tax) and the judgment expected next year on the same case. It first identifies the qualifying aspects of the rules laid down in the Treaties and then scrutinizes the main features of the unitary patent protection ruling: the finding on the possibility that an enhanced cooperation is authorized following the disagreement of some States on a specific point of a piece of legislation under negotiation (thanks to which enhanced cooperation might amount to a model of ‘adversarial’ differentiated integration), and the finding on the compatibility between the uniformity of the internal market and the establishment of an enhanced cooperation. The essay further examines the Court’s choice to postpone the scrutiny on the compatibility between an authorized enhanced cooperation and some of the conditions laid down in the Treaties as binding limits thereto. Conclusions are then drawn on the possible contribution of enhanced cooperation, as emerged from the analysis, to the current political drawbacks in the Union.

Emanuela Pistoia, Uniti nella.. diversificazione. Il modello di integrazione differenziata nel quadro di cooperazioni rafforzate secondo la Corte di giustizia in "CITTADINANZA EUROPEA (LA)" 2/2014, pp 69-91, DOI: 10.3280/CEU2014-002004