THE PRINCIPLE OF ENHANCED COOPERATION IN COMMUNITY LAW: FROM THE AMSTERDAM TREATY TO THE DRAFT OF THE CONSTITUTIONAL TREATY

The paper focuses on the principle of enhanced cooperation in the European Union law. The idea of such cooperation arose in the seventies o f XX century. However, it was regulated as late as in 1997 in the Amsterdam Treaty under the influence o f a dangerous practice of enhancing cooperation in the area o f free movement o f persons (Schengen Conventions). Its regulation was changed in the Niece Treaty as there was a fear that new Member States could obstruct the development o f European integration. The next phase in the development o f the principle of enhanced cooperation is connected with the draft of the Constitutional Treaty. It has not entered into force yet and we still do not know i f it will. However, there is no doubt that its regulations show the current attitude o f the Member States to the principle of enhanced cooperation. Thus, it should be noticed that they do not predict big changes as far as the idea of enhanced cooperation is concerned, in particular its conditions are not modified. Only the procedure of its establishment is simplified. It should be regretted that the Member States have not taken the opportunity to introduce changes which would make the process o f establishment of enhanced cooperation more difficult (would resign of the possibility to establish it by the minority of the states) and which would make easier to join the existing enhanced cooperation (by technical and financial support for the states that do participate in it)