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Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgments -- Figures and Tables -- Chapter 1 Introduction -- Chapter 2 Flexibility in the Logic of European Integration -- 2.1 Uniform Integration as a Starting Point -- 2.2 The Development of the Idea of Flexible Integration -- 2.3 The Development of Flexible Integration in ec/eu Practice -- 2.3.1 Primary-Law Based Flexibility Clauses -- 2.3.2 Schengen and the Area of Freedom, Security and Justice -- 2.3.3 Social Policy -- 2.3.4 Economic and Monetary Union -- 2.3.5 Common Foreign and Security Policy -- 2.3.6 The Instrument of Enhanced Cooperation as Enabling Clause -- 2.3.6.1 Introduction of Closer Co-operation by the Treaty of Amsterdam -- 2.3.6.2 The Reform by the Treaty of Nice -- 2.3.6.3 The Reform by the Treaty of Lisbon -- Chapter 3 Practice of Enhanced Cooperation -- 3.1 Law Applicable to Divorce and Legal Separation (Rome iii) -- 3.2 Unitary Patent Protection -- 3.3 Financial Transaction Tax -- 3.4 Property Regimes of International Couples -- 3.5 European Public Prosecutor's Office (eppo) -- 3.6 Permanent Structured Cooperation (pesco) -- Chapter 4 The Authorisation Phase of Enhanced Cooperation -- 4.1 Cooperation between the Member States -- 4.2 Establishment within the Framework of the Union's Non-exclusive Competences -- 4.3 Minimum Number of Participating Member States -- 4.4 Furthering the Objectives of the Union, Protecting Its Interests and Reinforcing Its Integration Process -- 4.4.1 Principles -- 4.4.2 Practical Cases -- 4.4.3 Conclusions -- 4.5 Enhanced Cooperation as a Last Resort -- 4.5.1 Principles -- 4.5.2 Practical Cases -- 4.5.3 Conclusions -- 4.6 Procedure for the Authorisation of Enhanced Cooperation -- 4.6.1 Request by the Member States Willing to Establish Enhanced Cooperation -- 4.6.2 Proposal by the European Commission.

Enhanced Cooperation allows a group of Member States to use the EU's competences and institutions to pursue a project within the Union's framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law , Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool's legal limits, but also its potential for European integration

Introduction -- Flexibility in the logic of European integration -- Practice of enhanced cooperation -- The authorisation phase of enhanced cooperation -- The implementing phase of enhanced cooperation -- Accession to, withdrawal from, and termination of an established cooperation -- Judicial review in enhanced cooperation -- Other forms of closer cooperation in Union law -- Conclusions and prospects.

The Treaty of Lisbon introduced general and special passerelle or bridging clauses into primary law. They can be used to alter voting arrangements from unanimity to qualified majority in the Council or from a special to the ordinary legislative procedure. This is to enable a shift to more supranational decision-making without the need for a full-fledged treaty revision. The European Parliament called on the European Council and the Council to make use of the passerelle clauses, also to involve Parliament as a co-legislator under the ordinary legislative procedure. The former Commission had started a discussion on the use of the passerelle clauses in four policy areas and it appears that the incumbent Commission President has endorsed this ambitious project. This article aims to explore the potential and the shortcomings of the bridging clauses as part of the unused potential of the Lisbon Treaty and discusses the enhanced cooperation procedure as a possible alternative.