Exceptionalism in European Union Law: A Community for Outsiders?

Ziegler, Dezső Tamás and Horváthy, Balázs and Buijnink, Thomas (2025) Exceptionalism in European Union Law: A Community for Outsiders? COLUMBIA JOURNAL OF EUROPEAN LAW, 30 (2). pp. 183-202. ISSN 1076-6715

Text (Tamas Dezso Ziegler, Balazs Horvathy & Thomas Buijnink, Exceptionalism in European Union Law: A Community for Outsiders?, 30 COLUM. J. EUR. L. 183 (Winter 2025).) 30ColumJEurL183.pdf - Published Version Restricted to Repository staff only Download (1MB)

Abstract

This paper elaborates on the role of legal exceptionalism in European integration from the perspective of EU Member States, with special regards to Hungary's position. Its aim is to prove two points. First, exceptionalism is a natural consequence of increased dependency among European countries. From a legal perspective, this dependency translates into extensive regulatory practices in sensitive fields and increased pooling of sovereignty. Under such circumstances, if states disrespect EU law, they can become renegades, which is a logical consequence of intense cooperation. Second, the EU as apolitical community can respond to this in two ways. It either informally "allows" breaches of EU law by not effectively stepping up against them or tries to forcefully enforce the relevant provisions. However, harsher measures may result in cancelling cooperation with such Member States. This means that exceptionalism is an ambivalent phenomenon: It is a result of intense cooperation and goes against integration, but paradoxically, it can also be a tool to preserve the legal community of the EU. On the other hand, extensive exceptionalist legislation in a country may undermine the complete cooperation with the given country in the European Union.

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