Differentiated integration: key facts, insights, and recommendations. Presentation for InDivEU meeting with Slovenian policymakers, Ljubljana, 15 November 2021.

1. Differentiated integration:
an overview
Dr Paolo Chiocchetti
InDivEU research project
European University Institute
Ljubljana, 15 November 2021
InDivEU meeting with Slovenian policymakers

2. The InDivEU project
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3. What is differentiated integration?
Differentiated integration (DI) is a form of European integration where the validity of shared
legal norms does not coincide with formal EU membership
Internal DI: some norms do not uniformly apply to all EU member states, but only to a subset
of them
External DI: some norms are selectively extended to non-EU third countries
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4. Past and future trends
Internal differentiated integration is a relatively common feature of European integration
• 5.7% of opportunities in EU-related treaty articles in 2020
• 2.6% of opportunities in EU regulations and directives in 2018
• major EU regimes
→ Euro area (19 countries), Schengen area (22+4), PESCO (25), four Enhanced Cooperations (17-25)
• major inter se treaties outside of EU law
→ Fiscal Compact (25 countries), European Stability Mechanism (19), OCCAR (6)
It will probably persist or slightly increase in the future
• up to half of all differentiations expire over time, but…
• automatic impact of existing Treaty opt-outs and differentiated regimes
• any future deepening and widening of the EU will introduce new differentiations
• current EU27 membership is large and heterogeneous
• role of Eurosceptic public opinions and governments
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5. Focus on Slovenia
Slovenia is a highly integrated member state with few differentiations
• no differentiations in EU primary law (EU: 5.7%)
• 22 differentiations (1.6%) in EU secondary law (EU: 2.6%)
• member of all key regimes (Euro, Schengen, PESCO, enhanced cooperations)
Slovenian public opinion strongly supports uniform integration, not afraid of differentiation
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6. Strengths and weaknesses
Internal differentiation is a useful tool to promote further integration while accommodating
heterogeneity among EU member states, as an alternative to both the status quo and
uniform further integration
Strengths:
• much more feasible than uniform integration → fewer participants and veto players
• often necessary to overcome the resolute opposition of few countries
• more beneficial when dealing with specific sets of one-size-fits-none problems → low economies of scale;
low negative externalities; divergent national interests, preferences, and capacities
• may increase the national acceptance and legitimacy of a scheme in individual countries
• may be used to prevent disintegration
Weaknesses:
• less beneficial than uniform integration when dealing with probably most policy problems
• potential non-members may fear discrimination, negative externalities, and a loss of policy influence
• potential members may fear cherry-picking and less redistribution
• tends to undermine the equality of states and citizens and European identity and solidarity
• is quite path-dependent: once established, difficult to overcome 6

7. Concrete analysis
The design, choice, and assessment of differentiated schemes always require a concrete
analysis of the specific scheme envisaged
InDivEU offers several useful resources which can assist you when making decisions:
• a digital Differentiated Integration Manual summarizing in an accessible form the empirical
evidence and policy-relevant insights provided by the academic literature (coming soon on
indiveu.eui.eu/manual)
• about 100 scientific publications, policy briefs, and future scenarios on specific topics
(indiveu.eui.eu/)
• 5 datasets on existing patterns of EU differentiation and on the preferences of citizens, parties,
governments, and stakeholders (indiveu.eui.eu/)
• a comprehensive directory of experts to contact (www.dice.uio.no/differentigate/)
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8. General recommendations
Differentiated integration can be recommended only in some situations:
• may be the best solution when countries have radically different needs and preferences, when
there are weak economies of scale, and when differentiation produces weak negative
externalities
• more frequently, it is a second-best but necessary tool to avoid political paralysis
• it is less suitable for many issues requiring uniform regulation, involving redistribution, or
touching fundamental EU principles and values
Some design features may improve the desirability of differentiated integration:
• differentiated schemes should be not detrimental to non-members, have a large membership,
be used as a last-resort option, include joining and consultation rights for excluded countries,
and strongly involve the European and/or national parliaments
• national opt-outs should be perceived as reflecting reasonable national interests or problems,
involving no cherry-picking, being temporary, introducing selective exceptions, and being
accompanied by compensatory mechanisms
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9. Stay in touch
indiveu.eui.eu
paolo.chiocchetti@eui.eu
twitter.com/p_chiocchetti
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