Enhanced Cooperation in the European Union from its Origins to the Lisbon Treaty

Abstract

In the research literature there is the opinion according to which among the principles governing the community competencies, along with the principles of subsidiarity and proportionality, there is also the principle of flexibility or of the enhanced cooperation67. In terms of the appearance of this principle in the European construction, the opinions are divided. Thus, contrary to a widespread idea, that this principle would be a recent one, some authors68 believe that the principle of flexibility has made its appearance along with the adoption of the constitutive Treaties of the European Communities. In the following we will try to bring relevant and necessary arguments in support of the latter idea. In the present text we analyzed the problem of the enhanced cooperation in the European Union from its origins to the Lisbon Treaty. There are four major concerns that we have approached. The first part of the text is dedicated to the history of the evolution of the enhanced cooperation. Here we presented the connection between integration and enhanced cooperation, the principle of flexibility, and the way it is perceived by the Treaties of the European Communities (Treaty of Rome, the Single European Act, Treaty of Maastricht, Treaty of Amsterdam, and Treaty of Nice). The second part of the text is dedicated to presenting the regime of the enhanced cooperation. In this context we made reference to the general terms of the enhanced cooperation, but also to the special clauses or additional conditions relating to the rights and obligations of the states. The last two parts of the text are centered on presenting the enhanced cooperation in practice – and here we referred to the intervention of the enhanced cooperation in each of the three European Pillars; and also the prospects stipulated in the Lisbon Treaty regarding enhanced cooperation – its principles and the procedures provided by the Treaty on the Functioning of the European Union.