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The Constitutional Framework for Enhanced Cooperation in EU Law de Robert Böttner

The Constitutional Framework for Enhanced Cooperation in EU Law: Nijhoff Studies in European Union Law, cartea 17

Autor Robert Böttner
en Limba Engleză Hardback – 17 feb 2021
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
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Specificații

ISBN-13: 9789004459168
ISBN-10: 9004459162
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law

Cuprins

Acknowledgments
List of Figures and Tables

1 Introduction

2 Flexibility in the Logic of European Integration
2.1 Uniform Integration as a Starting Point
2.2 The Development of the Idea of Flexible Integration
2.3 The Development of Flexible Integration in ec/EU Practice
2.3.1Primary-Law Based Flexibility Clauses
2.3.2Schengen and the Area of Freedom, Security and Justice
2.3.3Social Policy
2.3.4Economic and Monetary Union
2.3.5Common Foreign and Security Policy
2.3.6The Instrument of Enhanced Cooperation as Enabling Clause

3 Practice of Enhanced Cooperation
3.1 Law Applicable to Divorce and Legal Separation (Rome III)
3.2 Unitary Patent Protection
3.3 Financial Transaction Tax
3.4 Property Regimes of International Couples
3.5 European Public Prosecutor’s Office (EPPO)
3.6 Permanent Structured Cooperation (PESCO)

4 The Authorisation Phase of Enhanced Cooperation
4.1 Cooperation between the Member States
4.2 Establishment within the Framework of the Union’s Non-Exclusive Competences
4.3 Minimum Number of Participating Member States
4.4 Furthering the Objectives of the Union, Protecting Its Interests and Reinforcing its Integration Process
4.4.1Principles
4.4.2Practical Cases
4.4.3Conclusions
4.5 Enhanced Cooperation as a Last Resort
4.5.1Principles
4.5.2Practical Cases
4.5.3Conclusions
4.6 Procedure for the Authorisation of Enhanced Cooperation
4.6.1Request by the Member States Willing to Establish Enhanced Cooperation
4.6.2Proposal by the European Commission
4.6.3Parliamentary Participation
4.6.4Council Decision
4.6.5Conclusions

5 The Implementing Phase of Enhanced Cooperation
5.1 (Differentiated) Participation of the Union Institutions and Other Entities
5.1.1Notion of “Union Institutions”
5.1.2European Commission
5.1.3Council of Ministers
5.1.4European Parliament
5.1.5European Council
5.1.6National Parliaments

5.2 Procedure for the Adoption of Legal Acts
5.2.1Procedural Aspects
5.2.2Principles Governing the Adoption of Legal Acts
5.3 Bridging Clauses in Enhanced Cooperation
5.4 Financing Enhanced Cooperation
5.4.1Bearing of Costs
5.4.2Raising Revenue
5.5 Relationship to and Limits Imposed by General Union Law
5.5.1Compliance with the Treaties and Union Law
5.5.2No Undermining of the Internal Market or Economic, Social and Territorial Cohesion, No Barrier to or Discrimination in Trade, No Distortion of Competition
5.5.3Conclusions
5.6 Relationship to the Non-Participating Member States
5.6.1Principle of Openness of Participation
5.6.2Non-Impairment between Participating and Non-Participating States
5.6.3Conclusions
5.7 External Relations
5.7.1External Union Competences
5.7.2External Competences in Enhanced Cooperation
5.8 Establishment and Financing of Agencies
5.8.1Establishment
5.8.2Seat
5.8.3Internal structure
5.8.4Financing
5.8.5External Dimension

6 Accession to, Withdrawal from, and Termination of an Established Cooperation
6.1 Accession
6.1.1Entry Requirements and Conditions of Participation
6.1.2Procedure
6.2 Withdrawal
6.2.1Voluntary Withdrawal
6.2.2Suspension and Expulsion
6.3 Termination
6.3.1Termination by Revocation
6.3.2Termination by Supersession
6.3.3Termination by Participation of all EU Member States

7 Judicial Review in Enhanced Cooperation
7.1 Composition of the European Court of Justice
7.2 Judicial Review in the Authorisation Phase
7.2.1Inaction by the Commission on the Member States’ Request
7.2.2Negative Decision by the Commission on the Member States’ Request
7.2.3Legal Action against the Authorising Decision
7.3 Judicial Review in the Implementation Phase
7.3.1Actions against the Implementing Measures
7.3.2Actions against Participating and Non-Participating Member States
7.3.3References for Preliminary Ruling
7.4 Judicial Review Regarding Membership in an Established Cooperation
7.4.1Accession of a Non-Participating Member State
7.4.2Sanctioning a Participating Member State

8 Other Forms of Closer Cooperation in Union Law
8.1 Special Forms of Enhanced Cooperation
8.2 Closer Cooperation in the Area of Freedom, Security and Justice
8.2.1Schengen
8.2.2Accelerated Enhanced Cooperation
8.3 Closer Cooperation in the Economic and Monetary Union
8.3.1Primary-Law Based Closer Cooperation
8.3.2Enhanced Cooperation in the Euro Area
8.4 Common Foreign and Security Policy
8.4.1Nature and Scope of the Common Foreign and Security Policy
8.4.2Enhanced Cooperation in Common Foreign and Security Policy
8.4.3Flexibility Instruments in Foreign and Security Policy
8.5 Conclusions

9 Conclusions and Prospects
9.1 Conclusions from the Practice of Enhanced Cooperation
9.1.1Summary of the Main Findings Regarding the Constitutional Rules on Enhanced Cooperation
9.1.2Enhanced Cooperation as an Instrument of Flexible Integration
9.2 Future Areas of Enhanced Cooperation
9.2.1Internal Market
9.2.2Area of Freedom, Security and Justice
9.2.3Tax Policy
9.2.4Social Policy and Citizenship Rights
9.2.5Environment and Energy
9.2.6Regional Cooperations
9.2.7Concluding Remarks

Annex: Membership in Cases of Enhanced Cooperation
Bibliography
Index

Notă biografică

Robert Böttner, B.A., LL.M., Dr. iur. (2020), German University of Administrative Sciences, is Assistant Professor at the University of Erfurt, Faculty for Law, Economics and Social Sciences. His research focuses on European economic and institutional law and national public law.