EU Constitutional Principles as Housekeeping Rules in EU External Variable Geometry

Abstract

This contribution discusses the feasibility of a rigid constitutional structure for differentiation in the European integration process. As elucidated in the opening chapter to this volume, despite its very broad terminological the notion of varied geometry or ‘differentiation’ is generally taken to mean the accomplishment of EU objectives in the framework of different grades of integration within the EU constitutional setting. This chapter will study the constitutional tenets of differentiation including the differential validity of classic EU law principles/obligations across the Member States. Its main focus will be on the application of the same constitutional principles that are prominent in classic EU law to differentiated integration initiatives in order to effectively delineate competence matters between the EU and the Member States in both internal and external policies.