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Enhanced co-operation

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Enhanced co-operation (sometimes called flexibility) is the term used for the procedure which allows a number of member states to use the institutions of the European Union (EU) to promote closer co-operation among themselves.

In order to use these provisions, there are various conditions to be met. Among these conditions are:

  • The aim must be to further the objectives of the EU
  • The principles of the Treaties must be respected
  • It should not affect the acquis communautaire (the body of decisions taken to date by the EU) or the rights and interests of other member states
  • It must be used only as a last resort (it must be clear that the aim cannot be achieved within a reasonable time by using normal EU procedures)
  • The Treaty of Lisbon increased the minium number of member states which must be involved from 8 to 9
  • The Treaty of Lisbon removed the exclusion of security and defence issues.

The procedure cannot be used in areas where the EU has exclusive competence. If it is being used in relation to common foreign and security policy it must be unanimously approved by the Council. In other areas, it must be backed by the Commission, approved by the Council (by qualified majority voting) and approved by the European Parliament.

Page updated: 17 December 2009

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