Flexible integration and the European Constitution

In the Treaty of Amsterdam (which came into force in 1999) the members of the European Union for the first time decided to introduce into the treaties a formal and general mechanism allowing for further integration to take place within a sub-group of EU Member States, rather than the whole Union. This 'reinforced co-operation' was subject to restrictive conditions, such as the requirement for a majority of Member States to take part and a veto for every Member State, even for those that did not intend to participate. These arrangements were later loosened in the Treaty of Nice, which reduced the number of Member States necessary for enhanced co-operation and removed the veto for policy areas other than foreign policy and 'Justice and Home Affairs'. The proposed European Constitution develops the mechanism of what is now called 'enhanced co-operation' further by amending its procedures and widening its scope to defence (confusingly called 'structured co-operation'). Until now, the provisions of the Amsterdam and Nice Treaties for 'enhanced co-operation' have not been used. This Policy Brief will consider whether a ratified European Constitution will make more likely the emergence of a flexibly integrated Europe, and what shape this new political phenomenon might take. The Brief will consider in particular the implications for the European institutions of European integration upon more flexible lines than hitherto.