THE 1996 INTERGOVERNMENTAL CONFERENCE AND THE MANAGEMENT OF FLEXIBLE INTEGRATION

In: Journal of European public policy, Band 4, Heft 1, S. 37-55

Abstract

THE AIM OF THIS ARTICLE IS TO GIVE AN OVERVIEW OF THE DEBATE AND ISSUES PERTAINING TO FLEXIBLE INTEGRATION IN THE 1996 IGC. IN ORDER TO MEET THIS AIM, THE ARTICLE ATTEMPTS TO ANSWER THREE QUESTIONS: (1) HOW HAS THE POLITICAL AND ACADEMIC DEBATE ON FLEXIBILITY EVOLVED? (2) WHAT ARE THE MAIN EXAMPLES OF FLEXIBILITY BOTH INSIDE AND OUTSIDE THE EU? (3) HOW COULD FLEXIBILITY BE MANAGED WITHIN THE UNION'S FRAMEWORK? THE ARTICLE ARGUES THAT THE DEBATE ON FLEXIBILITY HAS EMERGED MAINLY FOR TWO REASONS: FIRST, TO COPE WITH THE RELUCTANCE OF SOME OF THE CURRENT MEMBER STATES TO PURSUE DEEPER INTEGRATION AND, SECOND, TO MANAGE ENLARGEMENT. IT IS ALSO SUGGESTED THAT FLEXIBILITY IS THE SINGLE MOST IMPORTANT POLITICO-INSTITUTIONAL ISSUE OF THE 1996 IGC. HENCE, AN ESSENTIAL TASK FOR THE IGC IS TO FIND WAYS AND MEANS TO MANAGE FLEXIBILITY. IT IS SUGGESTED THAT THE PRINCIPLE OF FLEXIBILITY COULD BE ARTICULATED IN THE TREATIES IN THE FORM OF A GENERAL CLAUSE ACCOMPANIED BY SEPARATE PROVISIONS SPECIFIC TO CLOSER CO-OPERATION WITHIN EACH PILLAR. IN ADDITION, TEN CONDITIONS FOR THE COHERENT MANAGEMENT OF FLEXIBILITY ARE EXAMINED.