ПРАКТИКА ЗАСТОСУВАННЯ В ЄВРОПЕЙСЬКОМУ СОЮЗІ ГНУЧКОЇ ІНТЕГРАЦІЇ У СФЕРІ ЗОВНІШНЬОЇ ПОЛІТИКИ, ПОЛІТИКИ БЕЗПЕКИ І ОБОРОНИ

Abstract

The practice in the application of the flexible integration in the EU in the Common Foreign and Security Policy / European Security and Defense Policy (CFSP/ESDP) has been analyzed in the article. Flexible integration within the framework of the European security and defense policy in reality appeared earlier than the policy itself, although outside the institutional framework of the EU. In the middle of 1990s, the most promising area for applying future provisions on advanced cooperation was considered to be the “second pillar” (CFSP). In practice, the Common Foreign and Security Policy was excluded from the scope of advanced cooperation in the Treaty of Amsterdam. Within the framework of the CFSP, the possibility of the constructive retention was provided. In addition, in this area, the Treaty of Amsterdam left open a significant space for ad hoc cooperation outside the treaty. Prior to the entry into force of the Treaty of Nice, a flexible integration in the field of security and defense was largely carried out outside the EU legal framework. This state of affairs was conditioned by, on the one hand, the lack of necessary provisions in the Treaty of Amsterdam, and on the other hand, to the objective necessity and desire of member states to develop cooperation in this area. The result was the participation of EU countries in various associations engaged in ensuring security and defense and created on the basis of the intergovernmental cooperation. The Treaty of Nice significantly expanded the possibilities of using the flexible integration within the EU legal framework. At the same time, the intergovernmental cooperation outside the EU institutional framework continued to develop. Since the introduction of the advanced cooperation in the area of defense did not comply with the provisions of the Treaty of Nice, the heads of four states proposed to make appropriate changes to the future EU Constitution, which has not entered into force. The Treaty of Lisbon created an institutional and legal framework for the functional unity of the CFSP and ESDP and at the same time significantly expanded the possibilities of applying the advanced cooperation (in the form of the permanent structured cooperation) in this area, which was a response to the real problem of developing flexible forms of integration in the military sphere outside the EU institutional framework. According to the provisions of the Treaty of Lisbon, the greatest opportunities for implementing the advanced cooperation projects are open in this area.