Marjan Kos
The article applies the concept of asymmetric federalism to differentiation in European Union (EU) law. By doing this, it brings together two strands of literature that share many similarities but have seldom been considered in parallel. It discusses the two theoretical frameworks in terms of their common features and their underlying normative idea, namely, the accommodation of diversity. Additionally, the article also offers refinements of the asymmetric federal model based on the EU’s experience with differentiation. The two refinements proposed, namely to integrate the importance of asymmetry and subnational (constitutional) identity in the studies on asymmetric federalism, have the potential to provide a more exact analytical model which would better explain the dynamics of accommodation of diversity in quasi-federal systems.
