1st Edition

Accommodating Diversity in Multilevel Constitutional Orders Legal Mechanisms of Divergence and Convergence

    296 Pages 4 B/W Illustrations
    by Routledge

    This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.

    The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.

    This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

    Table of Contents


    Bruno De Witte

    Section I: Theoretical Approaches

    Chapter 1

    Introduction: The Dialectics in Multilevel Systems - Mechanisms of Divergence and Convergence

    Marjan Kos, Jaka Kukavica, and Maja Sahadžić

    Chapter 2

    The Idea of ‘Interlegal Balancing’ in Multilevel Settings

    Gabriel Encinas

    Chapter 3

    Non-Hierarchical Coordination Of Multi-Level Asymmetries for (Dynamic) Stability

    Finding the Balance Between Convergence and Divergence

    Maja Sahadžić

    Chapter 4

    Constitutional Diversity and Differentiation in the EU: What Role for National Constitutional Demands under EU law?

    Marjan Kos

    Section II: Mechanisms in Constitutional and Human Rights Law

    Chapter 5

    Between unity and diversity: EU data protection legislation as a catalyst for a constitutional trilogue

    Pieter Aertgeerts

    Chapter 6

    Forgetting Identity Claims

    The New Constitutional Paradigm in Multilevel Fundamental Rights Standards

    Jakob Gašperin Wischhoff

    Chapter 7

    Convergence and Divergence in EU External Action: The Very Slowly Emergent Doctrine of Shared Competence

    Thomas Verellen

    Chapter 8

    A Convergence Movement Between the European Union's Economic Constitution and National Economic Constitutions - Lessons from the Portuguese Case

    Pedro Coutinho

    Chapter 9

    Towards a General Typology of Consensus Analysis: From Entrenching Divergence to Constituting Convergence

    Jaka Kukavica

    Section III: Institutional Mechanisms

    Chapter 10

    Convergence, Divergence and Strategic Interactions Of International Courts: Lessons from the Protection of Business Premises for Legal Persons in Europe

    Audrey M. Plan

    Chapter 11

    Converging on Structures – The Influence of Court-Structure on Convergence and Divergence among Judges

    Alexander Lazović

    Chapter 12

    Multilevel Governance in the EU Through Deliberative Democracy: Zooming into the Mechanism of the European Citizens’ Initiative

    Agata Magdalena Poznańska

    Chapter 13

    EU law’s Contribution in Streamlining Member State Enforcement Structures: A Promising Mechanism for Convergence?

    Pieter Van Cleynenbreugel

    Chapter 14

    Conclusion: Oscillating Between Unity and Diversity

    Jakob Gašperin Wischhoff and Julian Scholtes


    Maja Sahadžić, Assistant Professor at Utrecht University, the Netherlands, and Visiting Professor at the University of Antwerp, Belgium.

    Marjan Kos, PhD Candidate and Teaching Assistant, University of Ljubljana, Faculty of Law, Slovenia.

    Jaka Kukavica, Ph.D. Researcher, European University Institute, Italy, and Junior Lecturer, University of Ljubljana, Slovenia.

    Jakob Gašperin Wischhoff, PhD Candidate and DynamInt Research Fellow at Humboldt-Universität zu Berlin, Germany.

    Julian Scholtes, Lecturer in Public Law, University of Glasgow School of Law, Scotland, United Kingdom.