The institute of enhanced cooperation in European Union Law: Expectations and achieved results

Abstract

The Institute of Enhanced Cooperation (EnC) was introduced by the Treaty of Amsterdam (1997) but it was made more flexible and operational by the Treaty of Lisbon (2007). Its main objective was to overcome the blockages in the law-making process, as well as to strengthen the cooperation among EU member states and deepen the integration process in specific areas. In this paper, the authors examine the institute of enhanced cooperation as a form of flexible and differentiated integration. The authors first present a brief historical overview of the legal regulation of this institute in the provisions of the founding treaties of the EU. Then, they provide an overview of the sources of law adopted within the framework of enhanced cooperation in certain areas of Private International Law, and particularly for the purpose of establishing the European Public Prosecutor's Office. Based on the analysis of a number of legal acts adopted within this institute, the authors draw a conclusion that the institute of enhanced cooperation has only partially justified its contractually defined role. Viewed from the perspective of the legal order of the European Union as a whole, this institute requires special attention due to the particularities of its application, which ultimately entails different solutions in the EU member states on certain issues of particular importance for legal and natural persons in the Union. There is no doubt that this institute provides many opportunities to the EU member states in terms of realizing or deepening their cooperation in certain issues, particularly if it is perceived as a stage on the way to establishing general, common rules for all member states. However, its application may challenge the unity and the integral structure of the EU legal order. It may also be inconsistent with some of the basic EU legal principles which have been continuously strengthened and expanded by the Court of Justice of the EU. Above all, it refers to the principle of unity of the legal order, the principle of prohibition of discrimination on the basis of citizenship, and the principle of legal certainty.