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The current EU is a highly institutionalized template for integration, equipped with a whole spectrum of different modes of regulation ranging from 'hard' to 'Soft' which, particularly in recent years, have been pragmatically combined together to develop a hybrid and multi-tiered EU system. The dramatic expansion of the EU governance tool-kit and variety of the objectives and internal structures of these EU governance tools have relied on a non-clearly identifiable mix of legal and policy instruments. These changes in EU governance pose a challenge to the rule of law and its main tenets and do not sit well with the European Court of Justice (ECJ) because they occupy an unsettled constitutional space.
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