1. Making sense of Brexit Can the EU become more flexible?
ACCESS EUROPE public lecture, 21 September 2016
Renaud Thillaye (Policy Network)

2. Argument Lack of EU flexibility not the primary reason behind Brexit
The EU is already very flexible, both in terms of country participation and governance
Further integration will necessitate flexibility, but this should follow clear principles

3. Plan Why did British people vote for Brexit?
Usual claims about EU (lack of) flexibility
EU flexibility: What? Why? Which consequences?
Principles and prospects of a more flexible Europe

4. 1. Why did British people vote for Brexit?

5. 1. Why did British people vote for Brexit?

6. 1. Why did British people vote for Brexit?
S. Hobolt, “The Brexit vote: a divided nation, a divided continent”, JEPP, 07/09/16
Lord Ashcroft Polls, “How the United Kingdom voted on Thursday… and why”, 24/06/16
M. Goodwin & O.Heath, “Brexit vote explained: poverty, low skills and lack of opportunities”, Jospeh Rowntree Foundation, 31/08/2016

7. 2. EU (lack of) flexibility - rhetoric and reality
“Greater flexibility is the only way in which we shall be able to build a Union rising to 16 and ultimately to 20 or more Member States” (Major, 1994)
The EU should have “the flexibility of a network, not the rigidity of a block" (Cameron, 2011; Lidington, 2015)
“European where necessary, national where possible” (Dutch subsidiarity review, 2013)
“Europe must be clear, simple, in order to be efficient where it is expected to be, and to withdraw when it is not necessary” (Hollande, 2014)
“I want to be serious about being big on big things and small on small things” (Juncker, 2014)

8. 2. EU (lack of) flexibility - rhetoric and reality
…creating an ever-closer union among the peoples of Europe in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity (TEU preamble)
…the concept of ever-closer union allows for different paths of integration for different countries, allowing those that want to deepen integration to move ahead, while respecting the wish of those who do not want to deepen anymore. (European Council conclusions, June 2014)
The Union institutions, together with the Member States, will facilitate the coexistence between different perspectives within the single institutional framework ensuring consistency, the effective operability of Union mechanisms and the equality of Member States before the Treaties, as well as the level-playing field and the integrity of the internal market. (European Council conclusions, February 2016)

9. 3. EU flexibility: What? Why? Which consequences?
Country participation
Horizontal differentation
Temporary: multi/two-speed Europe
EMU, accession countries
Permanent: variable geometry, core/periphery
EMU, Schengen, enhanced cooperations
Governance
Vertical differentation
Less vertical decision-making
Less strict implementation of rules

10. 3. EU flexibility: What? Why? Which consequences?

11. 3. EU flexibility: What? Why? Which consequences?
Vertical integration, horizontal integration, and horizontal differentiation in the EU (annual mean policy scores of 18 policy areas, 1956–2013)
Vertical and horizontal differentiation in the EU, 1956–2013 (range values)
Source: Schimmelfennig, Leuffen, Rittberger, “The European Union as a system of differentiated integration: interdependence, politicization and differentiation”, Journal of European Public Policy, 6/2015

12. 3. EU flexibility: What? Why? Which consequences?
Differentation response to:
EU widening
The EU’s extension into core-state power areas
Dynamics of differentiation: Tension between
Interdependence (rationale for integration)
Politicization (source of contestation)

13. 4. Principles and prospects of a more flexible Europe
[Brexit] “must mean controls on the numbers of people who come to Britain from Europe but also a positive outcome for those who wish to trade goods and services” (Theresa May, 31 August 2016)
Freedom of movement of workers, Art TFEU
[This freedom] “shall entail the right, subject to limitations justified on grounds of public policy, public security or public health…”

14. 4. Principles and prospects of a more flexible Europe
Constructive abstention (CFSP)
[The abstaining MS] "shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, [that] Member State shall refrain from any action likely to conflict with or impede Union action based on that decision, and the other Member States shall respect its position." (Article 31 TEU)
Euro ins/outs
“Member States whose currency is not the euro shall not impede the implementation of legal acts directly linked to the functioning of the euro area and shall refrain from measures which could jeopardise the attainment of the objectives of economic and monetary union.” (European Council conclusions, February 2016)

15. 4. Principles and prospects of a more flexible Europe
Justifying flexibility:
Discrimination and exceptions founded on objective reasons
Fairness
Luxembourg compromise
Proportionality
When more EU authority is required:
Reciprocity
Contributory principle