The mechanism of enhanced cooperation and its evolution in the constituent treaties of the European Union
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
Integration of the EU member states is a complex process, which results in the accession to the Union of new states, which level of development in economic, social, political and cultural spheres concedes to the group of states-leaders. The EU Enlargement Plans in 2004–2007 put the Union at the heart of the need to develop and adopt measures aimed at preventing slowing down the pace of integration of Member States because the inability of new member states to join the ranks of a prosperous Old Europe. Among such tools is the EU Member States “mechanism of enhanced cooperation”, which was enshrined in the Treaties. The article is devoted to the definition of the notion and content of the mechanism of enhanced cooperation, the provision on which, after the fierce debate, was first introduced in the Amsterdam Treaty and entitled “close cooperation”. This mechanism, taking into account the changes introduced by the Treaty of Nice, covers all areas of the EU’s activities, except its exclusive competence. It is outlined that the procedure for initiation and establishing of enhanced cooperation stipulates its compliance with certain criteria that must be observed. The practice of enhanced cooperation that has developed between the EU Member States has been examined. The problems of effectiveness of implementation of enhanced cooperation in the European Union have been considered. The article conclusion contains the provision that the Lisbon Treaty has provided an effective legal framework for further enhanced cooperation among Member States of the European Union.
Authors and Affiliations
О. С. МИХАЙЛОВА
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