Member state equality and procedural fairness in differentiated integration: A republican perspective

Abstract

This research paper builds on (internationalist) republicanism and claims that differentiated integration (DI) must be designed in a way that honours the principle of freedom as non-domination. When implemented in such a way, DI ensures rather than threatens the principle of member state–and thereby citizens–equality. I argue that democratic member states through their EU membership self-bind themselves to associative obligations that call for respecting the other member states’ equality and freedom. However, associative obligations do not apply to non-member states; on this ground, an important difference between internal and external differentiation can be established. Finally, the research paper argues–and illustrates with selected examples–that procedural justice or fairness can assure legitimacy of DI.