Enhanced co-operation
Encyclopedia
In the European Union
(EU), enhanced cooperation is a procedure where a minimum of nine EU member states
are allowed to establish advanced integration
or cooperation in an area within EU structures
but without the other members being involved. As of March 2011 this procedure is being used in the fields of divorce law and patents.
This is distinct from the EU opt-out
, that is a form of co-operation between EU members within EU structures
, where it is allowed for a limited number of states to refrain from participation (e.g. EMU
, Schengen Area
). It is further distinct from Mechanism for Cooperation and Verification
and permanent acquis suspensions, whose lifting is conditional on meeting certain benchmarks by the affected member states.
. The Treaty of Nice
simplified the mechanism and forbade opposition to the creation of enhanced cooperation. It also introduced cooperation for the Common Foreign and Security Policy
, except for defence matters. The Treaty of Lisbon
extended cooperation to include defence and additionally envisions the possibility for establishment of a permanent structured cooperation in defence.
The Schengen Agreement
adoption is considered a historical inspiration for formalizing the mechanism of Enhanced cooperation. It was created by European Communities
member states only, but outside of its structures, in part owing to the lack of consensus amongst all members over whether it had the competence to abolish border controls, and in part because those ready to implement the idea did not wish to wait for others. As there was no Enhanced co-operation mechanism back then it was impossible to establish it inside the Community structures from the start, but afterwards the Schengen Agreement
was subsumed into European Union Law
by the Treaty of Amsterdam as the rules of the Schengen Area
. With its integration into general EU law it was transformed from a precursor Enhanced co-operation into an opt-out
.
and is only allowed as a last resort where objectives cannot be achieved normally. It may not discriminate against members, it must further the objectives in the treaties and may not fall within an area which is of exclusive competence of the EU.
The mechanism needs a minimum of one third of Member States (nine of the twenty-seven in 2010), who file a request with the European Commission
. If the Commission accepts it then it has to be approved by a qualified majority of all member states to proceed. A member may not veto the establishment of enhanced cooperation except for foreign policy.
in the EU, common rules were put forward to settle the issue of where trans-national couples can divorce in the EU. However Sweden
was blocking the new rules, fearing the loss of its liberal divorce law (divorce law differs strongly, with Nordic
liberalism being in contrast to more conservative countries such as Malta
which does not even allow it). In order to allow those willing states to proceed without Sweden, in July 2008 nine countries put forward a proposal to use enhanced cooperation: Austria
, France
, Greece
, Hungary
, Italy
, Luxembourg
, Romania
, Slovenia
and Spain
. Belgium
, Germany
, Lithuania
and Portugal
were considering joining them.
At a meeting of the justice ministers on 25 July 2008, the nine states decided to formally seek the measure of enhanced cooperation; eight states (the nine states above minus France) formally requested it from the European Commission on 28 July 2008. On 24 March 2010, when the law was formally proposed by the commission, Bulgaria
was the tenth state to join the aforementioned nine in seeking enhanced cooperation. Belgium
, Bulgaria
, Germany
and Latvia
formally joined them on 28 May 2010, while Greece
withdrew.
MEPs backed the proposal in June 2010 with fourteen states willing to adopt enter the proposed cooperation: Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain. These states were then authorised by the Council to proceed with enhanced cooperation on 12 July 2010.
and Spain
over what languages a common EU Patent would be translated into. The unitary patent would be examined and granted in one of the existing official languages of the European Patent Organisation
– English, French or German. 25 Member States, all except Italy
and Spain
, will join the proposal. Following the Commission approval of the plan on 14 December 2010, the Council of the European Union
requested the European Parliament
's consent to use of enhanced cooperation for a unitary patent on 14 February 2011 with the participation of 25 member states (all but Italy and Spain). The Parliament approved it the next day and the Council has authorized the Enhanced co-operation on 10 March 2011.
On 13 April 2011 the Commission adopted a proposal for an implementing Council Regulation (COM(2011)216 final).
, a treaty for co-operation in criminal matters
signed on 27 May 2005 by Germany
, Spain
, France
, Luxembourg
, Netherlands
, Austria
, and Belgium
, was adopted not per the Enhanced co-operation procedure (and outside of EU structures
), but it asserts European Union law
takes precedence over its provisions (if they are incompatible) and that it is open to accession for any member state of the EU
. Part of its provisions were later subsumed into European Union law
by the Prüm Decision of 2008.
defense cooperation presented by France
, Germany
, Belgium
and Luxembourg
in Brussels
on 29 April 2003, before the extension of the coverage of the enhanced cooperation procedure to defense matters.
The Euro Plus Pact
is a proposal economic measures and cooperation adopted on 25 March 2011 by the European Council
and includes as participant the Eurozone
member states, Bulgaria
, Denmark
, Latvia
, Lithuania
, Poland
and Romania
.
added the possibility for those members whose military capabilities fulfill higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the EU framework (PSCD).
Those states shall notify their intention to the Council
and to the High Representative
. The Council then adopts, by qualified majority
a decision establishing permanent structured cooperation and determining the list of participating Member States. Any other member state, that fulfills the criteria and wishes to participate, can join the PSCD following the same procedure, but in the voting for the decision will participate only the states already part of the PSCD. If a participating state no longer fulfills the criteria a decision suspending its participation is taken by the same procedure as for accepting new participants, but excluding the concerned state from the voting procedure. If a participating state wishes to withdraw from PSCD it just notifies the Council
to remove it from the list of participants. All other decisions and recommendations of the Council
concerning PSCD issues unrelated to the list of participants are taken by unanimity
of the participating states.
The criteria established in the PSCD Protocol are the following:
As of October 2010 there is no announcement for PSCD establishment.
. A source in the French
EU Presidency
stated: "Enhanced cooperation is a very sensitive issue because it has never been implemented. It allows several member states to go forward faster than others, and it is not necessarily the image we want to give of the EU." Likewise in 2002 when the Treaty of Nice
was being negotiated UK's Deputy Prime Minister
, then-Liberal MEP
, Nick Clegg
attacked the idea as shaking the very foundation of the EU.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU), enhanced cooperation is a procedure where a minimum of nine EU member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
are allowed to establish advanced integration
European integration
European integration is the process of industrial, political, legal, economic integration of states wholly or partially in Europe...
or cooperation in an area within EU structures
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
but without the other members being involved. As of March 2011 this procedure is being used in the fields of divorce law and patents.
This is distinct from the EU opt-out
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
, that is a form of co-operation between EU members within EU structures
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
, where it is allowed for a limited number of states to refrain from participation (e.g. EMU
Economic and Monetary Union of the European Union
The Economic and Monetary Union is an umbrella term for the group of policies aimed at converging the economies of members of the European Union in three stages so as to allow them to adopt a single currency, the euro. As such, it is largely synonymous with the eurozone.All member states of the...
, Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...
). It is further distinct from Mechanism for Cooperation and Verification
Mechanism for Cooperation and Verification
The Mechanism for Cooperation and Verification is safeguard measure invoked by the European Commission in case some new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom,...
and permanent acquis suspensions, whose lifting is conditional on meeting certain benchmarks by the affected member states.
History
Enhanced cooperation was introduced by the Treaty of Amsterdam for community, judicial cooperation and criminal mattersPolice and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
. The Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
simplified the mechanism and forbade opposition to the creation of enhanced cooperation. It also introduced cooperation for the Common Foreign and Security Policy
Common Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
, except for defence matters. The Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
extended cooperation to include defence and additionally envisions the possibility for establishment of a permanent structured cooperation in defence.
The Schengen Agreement
Schengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
adoption is considered a historical inspiration for formalizing the mechanism of Enhanced cooperation. It was created by European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
member states only, but outside of its structures, in part owing to the lack of consensus amongst all members over whether it had the competence to abolish border controls, and in part because those ready to implement the idea did not wish to wait for others. As there was no Enhanced co-operation mechanism back then it was impossible to establish it inside the Community structures from the start, but afterwards the Schengen Agreement
Schengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
was subsumed into European Union Law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
by the Treaty of Amsterdam as the rules of the Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...
. With its integration into general EU law it was transformed from a precursor Enhanced co-operation into an opt-out
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
.
Usage
Enhanced cooperation allows for a minimum of one-third of member states to cooperate within the structures of the EU without all member states. This allows them to move at different speeds, and towards different goals, than those outside the enhanced cooperation area. It is designed to overcome paralysis, where a proposal is blocked by the veto of an individual state or a small group who do not wish to be part of the initiative. It does not however allow for an extension of powers outside those permitted by the treaties of the European UnionTreaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
and is only allowed as a last resort where objectives cannot be achieved normally. It may not discriminate against members, it must further the objectives in the treaties and may not fall within an area which is of exclusive competence of the EU.
The mechanism needs a minimum of one third of Member States (nine of the twenty-seven in 2010), who file a request with the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
. If the Commission accepts it then it has to be approved by a qualified majority of all member states to proceed. A member may not veto the establishment of enhanced cooperation except for foreign policy.
Divorce law
With the rise in cross border divorceDivorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
in the EU, common rules were put forward to settle the issue of where trans-national couples can divorce in the EU. However Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
was blocking the new rules, fearing the loss of its liberal divorce law (divorce law differs strongly, with Nordic
Nordic countries
The Nordic countries make up a region in Northern Europe and the North Atlantic which consists of Denmark, Finland, Iceland, Norway and Sweden and their associated territories, the Faroe Islands, Greenland and Åland...
liberalism being in contrast to more conservative countries such as Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
which does not even allow it). In order to allow those willing states to proceed without Sweden, in July 2008 nine countries put forward a proposal to use enhanced cooperation: Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, Slovenia
Slovenia
Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
were considering joining them.
At a meeting of the justice ministers on 25 July 2008, the nine states decided to formally seek the measure of enhanced cooperation; eight states (the nine states above minus France) formally requested it from the European Commission on 28 July 2008. On 24 March 2010, when the law was formally proposed by the commission, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
was the tenth state to join the aforementioned nine in seeking enhanced cooperation. Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
formally joined them on 28 May 2010, while Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
withdrew.
MEPs backed the proposal in June 2010 with fourteen states willing to adopt enter the proposed cooperation: Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain. These states were then authorised by the Council to proceed with enhanced cooperation on 12 July 2010.
EU-Patent
The EU patent is the second case of enhanced co-operation to be approved by the European Commission. Towards the end of 2010 twelve states proposed to use it to work around disagreements with ItalyItaly
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
over what languages a common EU Patent would be translated into. The unitary patent would be examined and granted in one of the existing official languages of the European Patent Organisation
European Patent Organisation
The European Patent Organisation is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention of 1973...
– English, French or German. 25 Member States, all except Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, will join the proposal. Following the Commission approval of the plan on 14 December 2010, the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
requested the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
's consent to use of enhanced cooperation for a unitary patent on 14 February 2011 with the participation of 25 member states (all but Italy and Spain). The Parliament approved it the next day and the Council has authorized the Enhanced co-operation on 10 March 2011.
On 13 April 2011 the Commission adopted a proposal for an implementing Council Regulation (COM(2011)216 final).
Prüm Convention
The Prüm ConventionPrüm Convention
The Prüm Convention is a treaty which was signed on 27 May 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium in the town of Prüm in Germany...
, a treaty for co-operation in criminal matters
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
signed on 27 May 2005 by Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, was adopted not per the Enhanced co-operation procedure (and outside of EU structures
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
), but it asserts European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
takes precedence over its provisions (if they are incompatible) and that it is open to accession for any member state of the EU
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
. Part of its provisions were later subsumed into European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
by the Prüm Decision of 2008.
Proposals
The European Defence Initiative is a proposal for enhanced European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
defense cooperation presented by France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
and Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
on 29 April 2003, before the extension of the coverage of the enhanced cooperation procedure to defense matters.
The Euro Plus Pact
Euro Plus Pact
The Euro-Plus Pact, also initially called the Competitiveness Pact or later the Pact for the Euro, is a 2011 plan in which the member states of the European Union make concrete commitments to a list of political reforms which are intended to improve the fiscal strength and competitiveness of each...
is a proposal economic measures and cooperation adopted on 25 March 2011 by the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
and includes as participant the Eurozone
Eurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
member states, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
, Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
, Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
.
Permanent Structured Cooperation in Defence
The Treaty of LisbonTreaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
added the possibility for those members whose military capabilities fulfill higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the EU framework (PSCD).
Those states shall notify their intention to the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
and to the High Representative
High Representative of the Union for Foreign Affairs and Security Policy
The High Representative of the Union for Foreign Affairs and Security Policy is the main co-ordinator and representative of the Common Foreign and Security Policy within the European Union...
. The Council then adopts, by qualified majority
Voting in the Council of the European Union
The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union has had its voting procedure amended by subsequent treaties and currently operates on a system brought forth by the Treaty of Nice...
a decision establishing permanent structured cooperation and determining the list of participating Member States. Any other member state, that fulfills the criteria and wishes to participate, can join the PSCD following the same procedure, but in the voting for the decision will participate only the states already part of the PSCD. If a participating state no longer fulfills the criteria a decision suspending its participation is taken by the same procedure as for accepting new participants, but excluding the concerned state from the voting procedure. If a participating state wishes to withdraw from PSCD it just notifies the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
to remove it from the list of participants. All other decisions and recommendations of the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
concerning PSCD issues unrelated to the list of participants are taken by unanimity
Unanimity
Unanimity is agreement by all people in a given situation. When unanimous, everybody is of the same mind and acting together as one. Though unlike uniformity, it does not constitute absolute agreement. Many groups consider unanimous decisions a sign of agreement, solidarity, and unity...
of the participating states.
The criteria established in the PSCD Protocol are the following:
- cooperate and harmonize requirements and pool resources in the fields related to defense equipment acquisition, research, funding and utilization, notably the programs and initiatives of the European Defence AgencyEuropean Defence AgencyThe European Defence Agency is an agency of the European Union based in Brussels. It is a Common Foreign and Security Policy body set up on 12 July 2004, reporting to the Council of the European Union. All EU member states, except Denmark which has an opt-out of the CFSP, take part in the agency...
(e.g. Code of Conduct on Defence Procurement) - capacity to supply, either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical levelMilitary tacticsMilitary tactics, the science and art of organizing an army or an air force, are the techniques for using weapons or military units in combination for engaging and defeating an enemy in battle. Changes in philosophy and technology over time have been reflected in changes to military tactics. In...
as a battle groupBattlegroup (army)A battlegroup , or task force in modern military theory, is the basic building block of an army's fighting force. A battlegroup is formed around an infantry battalion or armoured regiment, which is usually commanded by a Lieutenant Colonel...
, with support elements including transport (airliftAirlift (military)An airlift is the organized delivery of supplies or personnel primarily via aircraft.Airlifting consists of two distinct types, strategic and tactical airlifting...
, sealiftSealiftSealift is a term used predominantly in military logistics and refers to the use of cargo ships for the deployment of military assets, such as weaponry, vehicles, military personnel, and supplies...
) and logisticsMilitary logisticsMilitary logistics is the discipline of planning and carrying out the movement and maintenance of military forces. In its most comprehensive sense, it is those aspects or military operations that deal with:...
, within a period of five to 30 days, in particular in response to requests from the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Organization, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days. - capable of carrying out in the above timeframes the tasks of joint disarmamentDisarmamentDisarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
operations, humanitarianHumanitarian crisisA humanitarian crisis is an event or series of events which represents a critical threat to the health, safety, security or wellbeing of a community or other large group of people, usually over a wide area...
and rescueRescueRescue refers to responsive operations that usually involve the saving of life, or prevention of injury during an incident or dangerous situation....
tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-makingPeacebuildingPeacebuilding is a term used within the international development community to describe the processes and activities involved in resolving violent conflict and establishing a sustainable peace....
and post-conflict stabilisation
As of October 2010 there is no announcement for PSCD establishment.
Table
| country | co-operations organized by a subset of EU member states | ||||
|---|---|---|---|---|---|
| European Defence Initiative | Prüm Convention Prüm Convention The Prüm Convention is a treaty which was signed on 27 May 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium in the town of Prüm in Germany... |
Divorce law | EU patent | Euro Plus Euro Plus Pact The Euro-Plus Pact, also initially called the Competitiveness Pact or later the Pact for the Euro, is a 2011 plan in which the member states of the European Union make concrete commitments to a list of political reforms which are intended to improve the fiscal strength and competitiveness of each... |
|
Criticism
The idea is criticised by opponents of a multi-speed EuropeMulti-speed Europe
Multi-speed Europe or two-speed Europe is the idea that different parts of the European Union should integrate at different levels and pace depending on the political situation in each individual country...
. A source in the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
EU Presidency
Presidency of the Council of the European Union
The Presidency of the Council of the European Union is the responsibility for the functioning of the Council of the European Union that rotates between the member states of the European Union every six months. The presidency is not a single president but rather the task is undertaken by a national...
stated: "Enhanced cooperation is a very sensitive issue because it has never been implemented. It allows several member states to go forward faster than others, and it is not necessarily the image we want to give of the EU." Likewise in 2002 when the Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
was being negotiated UK's Deputy Prime Minister
Deputy Prime Minister of the United Kingdom
The Deputy Prime Minister of the United Kingdom of Great Britain and Northern Ireland is a senior member of the Cabinet of the United Kingdom. The office of the Deputy Prime Minister is not a permanent position, existing only at the discretion of the Prime Minister, who may appoint to other offices...
, then-Liberal MEP
European Liberal Democrat and Reform Party
The European Liberal Democrat and Reform Party is a European political party mainly active in the European Union, composed of 56 national-level liberal and liberal-democratic parties from across Europe...
, Nick Clegg
Nick Clegg
Nicholas William Peter "Nick" Clegg is a British Liberal Democrat politician who is currently the Deputy Prime Minister, Lord President of the Council and Minister for Constitutional and Political Reform in the coalition government of which David Cameron is the Prime Minister...
attacked the idea as shaking the very foundation of the EU.
See also
- Opt-outs in the European UnionOpt-outs in the European UnionIn general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
- Mechanism for Cooperation and VerificationMechanism for Cooperation and VerificationThe Mechanism for Cooperation and Verification is safeguard measure invoked by the European Commission in case some new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom,...
- Multi-speed EuropeMulti-speed EuropeMulti-speed Europe or two-speed Europe is the idea that different parts of the European Union should integrate at different levels and pace depending on the political situation in each individual country...
- European integrationEuropean integrationEuropean integration is the process of industrial, political, legal, economic integration of states wholly or partially in Europe...
and Agencies of the European UnionAgencies of the European UnionAn agency of the European Union is a decentralised body of the European Union , which are distinct from the institutions. Agencies are established to accomplish specific tasks. Each agency has its own legal personality...
with various examples of participation by non-EU states - Declaration on Symbols of Europe - adopted by a subset of EU member states
Literature
- Hermann-Josef Blanke: Art. 20 EUV, Kommentar, in: Grabitz/Hilf/Nettesheim (EL 42, Sept. 2010)