Assessing the Flexibility Clauses

Abstract

What kind of flexibility do the treaties provide? What were the main changes from Amsterdam to Nice? As indicated in Chapter 3 there are three basic forms of flexibility in the Amsterdam Treaty: (1) enabling clauses, (2) case-by-case flexibility and (3) pre-defined flexibility. Transitional clauses are not an issue relating to the basic treaties, since they are more closely linked to enlargement. This chapter illustrates that, contrary to the original aim, the Amsterdam and Nice treaties incorporate no multi-speed, some variable geometry and a lot of à la carte. In order to be able to assess the new flexibility provisions the chapter is divided into three parts:

• 1. enabling clauses;

• 2. case-by-case flexibility;

• 3. pre-defined flexibility.