FLEXIBILITY CONCEPT IN THE CONTEXT OF EUROPEAN INTEGRATION – EVOLUTION, SURVEY AND PERSPECTIVES

Abstract

The paper presents an attempt to shed the light on the importance of flexibility concept in the context European integration. The debate on flexibility in matters relating to the European integration is not new. The concept of flexibility has always been built into the foundations of the European construction. The paper primarily focuses on the evolution of theoretical and political debate on flexibility (Chapter 2), following by analyses of categories and examples of flexibility (Chapter 3). The flexibility concept was formally recognized by the Amsterdam Treaties. The enhanced cooperation provisions of the EU Treaties, whether in their Amsterdam or Nice or Lisbon guises, represent a key manifestation of a flexibility concept (Chapter 4). Nowadays, the mechanism of enhanced cooperation has only been initiated twice: first in the area of the law applicable to divorce and legal separation and second in the area of unitary patent protection (Chapter 5). Commission’s White Paper on the future of Europe, from March 2017, offers five scenarios for the future integration models. One of them is differentiated integration based on flexibility concept (Chapter 6).