Enhanced cooperation

Enhanced cooperation is a political mechanism of the European Union, which allows a graded integration at the level of secondary legislation: A group of Member States may thus introduce common rules, without the other states must participate. The mechanism was introduced by the Treaty of Amsterdam and amended by the Treaties of Nice and Lisbon. It can be applied to all policies of the European Union that are not within the exclusive competence of the European Union. Was applied or enhanced cooperation for the first time in 2010, when 14 countries agreed on a joint revision of the divorce law. With the establishment of enhanced cooperation in the area of the EU patent in March 2011, this instrument was first applied in the field of the internal market.

Even before had there been examples of graded steps towards integration at the level of primary law, such as the Schengen Agreement, the European Monetary Union and the Social Protocol of the Maastricht Treaty. However, other legal principles have been applied; So they are no examples of enhanced cooperation referred to in this mechanism. The same applies to permanent structured cooperation within the framework of the Common Security and Defence Policy.

Formation

Due to different European political ideas and ideals, Member States often seek to a different level of integration or drag this before different speeds. From time immemorial, the integration readier Member States therefore strove possibly to cooperate in certain policy areas, even without participation of skeptical countries.

Model for enhanced cooperation were other aspects of the gradual integration. The best known example is the Schengen Agreement, was on the original of the then 10 EU member states, only five participated ( Germany, France, Belgium, Netherlands, Luxembourg ) and was based entirely outside the EU legal framework. With the Treaty of Amsterdam it was included as a special kind of enhanced cooperation in the EU regulatory framework and is still valid in only 22 out of 27 Member States. Not involved are joined in 2004 Cyprus, which joined in 2007, Romania and Bulgaria and the United Kingdom and Ireland apply for special arrangements.

Also for the European Economic and Monetary Union is directly specified in the contracts that those states may participate and must meet the convergence criteria. Denmark and the UK obtained an opt -out right, which is enshrined in an additional protocol to the TFEU.

Because of this (and some other ) models, a special enhanced cooperation procedure, the Treaty of Amsterdam created that allows members to make greater use of the EU institutional framework, without the contracts need to be changed with the agreement of all Member States ( as in the introduction of the Economic and Monetary Union and with the incorporation of the Schengen Agreement into the EU legal framework ).

Permit requirements

The material conditions for enhanced cooperation are regulated 329 TFEU in Article 20 of the EU Treaty, Art 326, Art 327 and Art. These are:

• Cooperation in the area of ​​competence of the European Union, without falling within its exclusive competence,
• Guidelines of cooperation on a promotion of the objectives of the European Union, the protection of their interests and the strengthening of the integration process,
• Accordance with the Treaties and the acquis communautaire,
• No impairment of the European internal market or on trade between Member States,
• No deterioration of economic and social cohesion in the European Union,
• No distortion of competition,
• Participation of at least nine Member States ( Treaty of Nice: 8)
• Respecting the competence, rights and obligations of non-participating Member States.

Enhanced cooperation is the ultima ratio. They may only be granted if their goals within the general framework can not, or can not be achieved in a reasonable period of time.

Any enhanced cooperation shall not extend the competences of the European Union and relies on the expertise of these already granted facts. There are also in the framework of enhanced cooperation, the decision-making requirements (qualified majority, unanimity ... ) that are listed in the treaties themselves. However, here, the Lisbon Treaty has brought a significant change: The passerelle clause which allows a transition from unanimity to qualified majority voting, enhanced cooperation is now also applicable in the context. So 333 TFEU may be taken in the framework of enhanced cooperation decisions by qualified majority as defined in Article, the bedürften outside the same unanimity. The same applies with respect to the Contract nor for any special legislative procedure, by which the amplified cooperating States may go to the ordinary procedure.

Approval process

The approval procedure for enhanced cooperation is governed by Article 329 TFEU.

The Member States concerned shall extend the application for approval of a strengthened cooperation with the Commission, if necessary, submit it to the Council for decision. The Council shall decide by qualified majority on here and after approval by the European Parliament. For enhanced cooperation in the framework of the common foreign and security policy 2 TFEU apply under Article 329 para special provisions. Here the motion is must be sent directly to the Council which then decide unanimously. The European Parliament does not have to agree here; it is only taught.

Implementation of enhanced cooperation

The in a particular field amplified cooperating Member States may take the EU's institutions, procedures and mechanisms for this. For acts of the Council of the European Union 330 TFEU apply in accordance with Article, the general rules, but accept it only the representatives of the States participating in enhanced cooperation in part. The non- participating Member States may only participate in the discussions. In the European Parliament, the Commission and the other institutions of all members in the deliberations and voting take part.

The decisions taken shall bind only participating States. The other members of the EU must not hinder their implementation but.

The financing of the operating costs of enhanced cooperation will be borne 332 TFEU only by the participating States in accordance with Article; the Council may decide otherwise but after consulting the Parliament unanimously. The administrative costs of the institutions involved are, however, also to the extent they arise through enhanced cooperation, financed from the general budget.

Each Member State may, pursuant to Article 328 TFEU any time - possibly after certain requirements are met - participate in enhanced cooperation.

Committees in the European Parliament

The word also describes the enhanced cooperation cooperation of committees in the European Parliament. Article 47 ( " Associated committee ") of the Rules of Procedure of the European Parliament regulates the cooperation between committees in terms of schedule, rapporteur, the chairmen, amendments and conciliation.