Flexibility within the Lisbon Treaty: Trademark or Empty Promise?

The concept of flexibility in the European integration process has been discussed in different ways since the 1970s. Some forms may be “upwardly oriented”, representing a driving force rather than a brake on the integration process. Others may weaken integration and have a “downsizing” effect. “Enhanced cooperation”, which was first introduced by the Amsterdam Treaty, aims to provide an attractive alternative to intergovernmental cooperation outside the treaty, and to allow a group of Member States to deepen integration in particular areas without affecting either the interests of others or the overall construction of European integration. The Lisbon Treaty introduces changes at all stages of the cycle: preparatory stage, initiation, authorisation, implementation, accession and termination. The conditions for enhanced cooperation remain restrictive and other forms of flexibility may seem more attractive. Consequently the prospect is for flexibility to be an empty promise rather than a trademark of the new Treaty.