Эволюция концепции усиленного сотрудничества в рамках Европейского союза

Abstract

The article is devoted to the "flexibility clause" which after fierce debates was for the first time incorporated in the provisions of the Amsterdam Treaty and then substantially developed in the Treaty of Nice. The most characteristic feature at that point was the proposed universality for the flexibility concept and the readiness of the member-states to implement it within all three pillars of the European Union — common market, CFSP and criminal justic e affairs. The author traces further development of the enhanced cooperation in the newly signed text of the Treaty establishing the Constitution for Europe. The detailed analysis of the new provisions and procedures shows that such a concept needs to meet certain criteria to b e initiated and realized. It is noted that special emphasis is made on the accessibility of the ongoing enhanced cooperation to other member-states of the European Union. The author concludes that the Constitution provides an effective legal basis for the closer cooperation of the interested member-states of the European Union.