Autore
Patrin, Maria

Titolo
L'integrazione differenziata nello spazio Schengen: profili 'costituzionali' di legittimità democratica
Periodico
Freedom, security & justice (Online)
Anno: 2025 - Fascicolo: 1 - Pagina iniziale: 304 - Pagina finale: 325

In view of its potential to advance European integration even when not all EU Member States agree, differentiated integration constitutes a promising EU integration path, especially in view of a possible further enlargement of the Union. However, the participation of only some Member States and the association of third countries in a uniform process of European integration raises questions as to the democratic legitimacy of this type of integration. To what extent can differentiation regimes ensure the equality among Member States, and therefore among European citizens? Do they follow the same accountability channels of uniform integration, or do they provide for alternative mechanisms that are equally effective? This paper aims to examine the "constitutional" foundations of democratic legitimacy in differentiated integration regimes within the Schengen area, a key sector of the Area of Freedom, Security and Justice, characterized by a high density of both internal and external differentiation. The analysis reveals a patchwork model of differentiated integration, where various participation patterns overlap. While EU membership remains the key criterion for full participation in decision-making, in practice the Schengen area exhibits a flexible and intertwined paradigm of participation, in which the statuses of associated countries and Member States are not always clearly defined. This has significant implications for the legal system and for the democratic accountability channels of third countries and EU Member States.



SICI: 2532-2079(2025)1<304:LDNSSP>2.0.ZU;2-7
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.1.2025.13.PATRIN.pdf

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