Increased cooperation

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The enhanced cooperation is a political mechanism of the European Union that allows a gradual integration at the level of the secondary law : A group of member states can introduce common regulations without the other states having to participate. The mechanism was introduced by the Amsterdam Treaty and modified by the Nice and Lisbon Treaties . It can be used for all policy areas of the European Union that are not the exclusive competence of the European Union. The enhanced cooperation was actually applied for the first time in 2010, when 14 states agreed on a joint revision of divorce law . With the establishment of increased cooperation in the area of EU patents in March 2011, this instrument was also used for the first time in the area of ​​the internal market .

Previously there had also been examples of gradual integration steps at the level of primary law , such as the Schengen Agreement , the European Monetary Union and the Social Protocol to the Maastricht Treaty . However, other legal bases were applied; so they are not examples of enhanced cooperation in the sense of this mechanism. The same applies to permanent structured cooperation (PESCO) within the framework of the common security and defense policy .

Emergence

Due to differing European political ideas and models, the member states often strive for a different degree of integration or prefer different speeds . The more willing member states have always strived to cooperate in certain policy areas without the involvement of the more skeptical countries.

Other aspects of the graduated integration served as a model for increased cooperation . The best-known example is the Schengen Agreement , in which originally only five of the then 10 EC countries took part (Germany, France, Belgium, the Netherlands, Luxembourg) and which was completely outside the EU legal framework. With the Treaty of Amsterdam it was incorporated into the EU legal framework as a special kind of enhanced cooperation (the so-called Schengen acquis ) and is still valid in only 22 of the meanwhile 28 member states. Cyprus, which joined in 2004, and Romania and Bulgaria, Croatia, Great Britain and Ireland, which joined in 2007 and have special regulations, are not involved. See main article → Schengen area .

Also for the European Economic and Monetary Union it is directly regulated in the treaties that those states may and must participate that meet the convergence criteria. Denmark and the United Kingdom gained an opt-out right enshrined in an Additional Protocol to the FEU Treaty .

Based on these (and a few others) models, the Amsterdam Treaty created a special procedure for enhanced cooperation that enables members to make greater use of the EU's institutional framework without having to amend the Treaties with the consent of all Member States (as with the Introduction of economic and monetary union or the inclusion of the Schengen Agreement in the EU legal framework).

Approval requirements

The material prerequisites for increased cooperation are regulated in Art. 20 EU Treaty , Art. 326 , Art. 327 and Art. 329 TFEU . These are:

  • Cooperation in the area of ​​competences of the European Union without falling under its exclusive competence,
  • Orientation of cooperation towards promoting the goals of the European Union, protecting its interests and strengthening the integration process ,
  • Respecting the treaties and the acquis communautaire ,
  • no impairment of the European internal market or trade between the member states,
  • no impairment of economic and social cohesion in the European Union,
  • no distortion of competition ,
  • Participation of at least 9 Member States (Treaty of Nice: 8),
  • Respect for the competences, rights and obligations of the non-participating Member States.

Increased cooperation is the last resort . It may only be approved if its general objectives cannot be achieved or cannot be achieved within a reasonable period of time.

Enhanced cooperation must not extend the competences of the European Union and is based on the competencies already granted to it . The decision-making requirements (qualified majority, unanimity, ...) specified in the contracts themselves also apply within the framework of enhanced cooperation. However, the Treaty of Lisbon brought a major change here: the passerelle clause , which allows a transition from unanimity to qualified majority, is now also applicable within the framework of enhanced cooperation. In accordance with Art. 333 of the TFEU, resolutions can be passed with a qualified majority within the framework of enhanced cooperation that would require unanimity outside of the same. The same applies with a view to the special legislative procedures still existing in the treaty, from which the more closely cooperating states may switch to the ordinary procedure.

Approval process

The approval procedure for enhanced cooperation is regulated in Art. 329 TFEU .

The Member States concerned submit the request for approval of enhanced cooperation to the Commission , which may submit it to the Council for decision. The Council decides on this with a qualified majority and with the consent of the European Parliament . According to Article 329 (2) of the TFEU, special provisions apply to increased cooperation within the framework of the common foreign and security policy . Here the application is to be sent directly to the council, which then has to decide unanimously. The European Parliament does not have to agree to this; it is only taught.

Implementation of enhanced cooperation

The Member States that cooperate more closely in a given area can make use of the EU institutions, procedures and mechanisms. According to Art. 330 TFEU , the general provisions apply to the decision-making in the Council of the European Union , but only the representatives of the states involved in the enhanced cooperation take part. The non-participating Member States can only take part in the deliberations. In the European Parliament , in the Commission and in the other institutions, all members take part in the deliberations and votes.

The resolutions passed are only binding on the participating states. The other EU members must not hinder their implementation.

The financing of the operating costs of enhanced cooperation are under way 332nd TFEU basically worn by the participating countries; the Council can, however, unanimously decide otherwise after consulting Parliament. The administrative costs of the institutions involved are, however, financed from the general budget, even if they arise from increased cooperation.

Pursuant to Art. 328 TFEU, each member state can participate in the enhanced cooperation at any time - if necessary after meeting certain conditions.

Committees in the European Parliament

The word enhanced cooperation also describes the cooperation of committees in the European Parliament . Article 47 ("Procedure with associated committees") of the European Parliament's Rules of Procedure regulates cooperation between committees on matters relating to the timetable, rapporteurs, chairmen concerned, amendments and conciliation procedures.

literature

Web links

Individual evidence

  1. ↑ Tagesschau , June 4, 2010: Off for the greyhound principle , seen August 21, 2010
  2. ↑ Decision of the Council (PDF) , OJ. 2010 L 189/12
  3. ↑ Press release (PDF; 34 kB) of the Council of March 10, 2011 (EN)