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European Constitutional Law Review (1)

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Schengen, the European Court of Justice and Flexibility under the Lisbon Treaty: Balancing the United Kingdom's ‘Ins’ and ‘Outs’
Maria Fletcher
Journal:

European Constitutional Law Review / Volume 5 / Issue 1 / February 2009

Published online by Cambridge University Press:

05 May 2009, pp. 71-98

Print publication:

February 2009
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Types of flexibility – Tension: demands for diversity v. logic of uniformity – United Kingdom and differentiation under Maastricht and Amsterdam – Court of Justice (77/05 and 137/05) on Articles 4 and 5 Schengen Protocol: a clear signal disapproving UK's ‘pick and choose’ approach – Lisbon Protocols: unparalleled possibilities for differentiation coupled with coercive procedural constraints and threats of ‘expulsion’.