The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 8: Enhanced Cooperation and Conflicting Values: Are New Forms of Governance the Same as ‘Good Governance’?

Ester Herlin-Karnell


JOBNAME: Trybus and Rubini PAGE: 1 SESS: 6 OUTPUT: Tue Apr 24 15:08:21 2012 8. Enhanced cooperation and conflicting values: are new forms of governance the same as ‘good governance’? Ester Herlin-Karnell* 1. INTRODUCTION This chapter aims to explore the concept of enhanced cooperation and its possible use under the Lisbon Treaty. The focus of this chapter relates to how the mechanisms of enhanced cooperation will work with regard to the dynamic Area of Freedom, Security and Justice (AFSJ). After all, under the former EU Treaties of Amsterdam and Nice the 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. The first ever approval of resort to enhanced cooperation was recorded in July 2010 regarding the law applicable to divorce and legal separation.1 Indeed, 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 the programme of harmonisation. Therefore, I will try to examine the impact of the establishment of enhanced cooperation in the * Thanks go to Dr Elaine Fahey for her useful comments on an earlier draft, as well as to the participants at the EU law ‘After Lisbon’ conference at Birmingham Law School 24–25 June 2010, and to Robin Morris for proof reading this chapter. The usual disclaimer applies. 1 Dec 2010/405,...

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