Enhanced Cooperation and Conflicting Values: Are New Forms of Governance the Same as 'Good Governance?'
M. Trybus & L. Rubini, eds., After Lisbon: The Impact of the New Treaty on European Union and the Treaty on the Functioning of the European Union, Edward Elgar, 2012
20 Pages Posted: 28 Oct 2012 Last revised: 13 May 2013
Date Written: June 27, 2011
This chapter aims to explore the concept of enhanced cooperation and its possible renaissance within the Lisbon Treaty. After all, the former EC Treaty regulation of enhanced cooperation has never been used owing to the fact that the restrictions regulating the establishment of such a regime were so numerous that almost nothing met the criteria in question. Nevertheless, it is sometimes pointed out that regional forms of enhanced cooperation may provide tailor-made responses to particular problems instead of the ‘one size fits all’ template provided by a programme of harmonization. The purpose of this chapter is to examine the impact of the establishment of enhanced cooperation in the context of the principle of subsidiarity and hence explore conflicting rationalities between ‘moving forward’ – in terms of closer cooperation – within the framework of the Treaty and restricting EU action in line with the principle of subsidiarity. Criminal law will be used as an example of where this tension is particularly significant.
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