City Research Online

Abstract

The EU's legal system has been built on the principle of a single legal order. Undeniably, however, differentiation has crept in. The UK has been at the forefront of seeking opt-outs and exceptions to the euro, the Schengen area and so on. After Brexit, will requests by member states for special treatment continue, or will the Brexit experience strengthen the legal order? Is the EU's legal system capable of absorbing differentiation in its fabric? This article argues that differentiation can be accommodated only so far in the Treaty arrangements without a wholescale re-evaluation of the purpose of EU law. The UK's departure removes the member state most ready to challenge some of the fundamentals of the legal order, but the article urges caution against a full re-characterization of the nature of EU law post-Brexit. Instead, the article foresees a continuation of the status quo, in which differentiation exists in various forms but as exceptions to the rule, rather than the rule itself.

Publication Type:	Article
Additional Information:	© 2019 University Association for Contemporary European Studies and John Wiley & Sons Ltd. This is the peer reviewed version of the following article: Cardwell, P. J. (2019). The End of Exceptionalism and a Strengthening of Coherence? Law and Legal Integration in the EU Post-Brexit. Journal of Common Market Studies, 57(6), pp. 1407-1418, which has been published in final form at https://doi.org/10.1111/jcms.12959. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited.
Subjects:	J Political Science > JN Political institutions (Europe) K Law
Departments:	The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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