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Enhanced cooperation meaning

Published by a LexisNexis EU Law expert
What does Enhanced cooperation mean?
In practice, enhanced cooperation is the EU law procedure that lets a group of at least nine member States legislate together where EU‑wide agreement cannot be reached within a reasonable period. It is set out in Article 20 TEU and Articles 326–334 TFEU. Key features: - used as a last resort and only in areas of non‑exclusive EU competence; - measures bind only the participating Member States but remain open for others to join at any time; - usually authorised by the Council with the European Parliament’s consent; - must not undermine the internal market or the rights, competences and obligations of non‑participants. It has been used for the unitary patent package and for Rome III (applicable law in divorce). Jurisdictional note: - Ireland: as an EU Member State, Ireland may choose to participate in a given enhanced cooperation measure and will then be bound by the resulting EU legislation. - England & Wales, Scotland and Northern Ireland: since Brexit, enhanced cooperation has no direct application unless particular EU acts are expressly incorporated into domestic law. The concept remains relevant when advising on cross‑border recognition, enforcement and choice of law involving EU parties (for example, unitary patent protection does not extend to the UK).
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NEWS
EU law weekly briefing: case law and regulatory developments in competition/state aid, data protection, financial services, environment, IP, life sciences, TMT and insolvency—14 November 2024

In this issue: Commercial Competition and state aid Data protection and cybersecurity Financial services Environment Insurance and reinsurance IP Life sciences Regulatory Restructuring and insolvency TMT International Trade Daily and weekly news alerts New and updated content Commercial Temu’s practices found to breach EU consumer laws The European Commission has informed Temu that a number of its practices breach EU consumer law and has instructed the platform to bring them into line. A co-ordinated investigation by the Consumer Protection Cooperation (CPC) Network, the Commission and national authorities concluded that Temu misled shoppers with bogus discounts, pushed customers into purchases by falsely claiming limited stock and looming deadlines, and provided incomplete or inaccurate details about consumers’ rights on returns and refunds. Investigators also reported that users were forced to play a ‘spin the fortune wheel’ game to access the marketplace, that fake reviews were used, and that contact information was...

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NEWS
UK and EU competition update: CMA 2026–2029 strategy, CAT formatting and page limits, EU–UK Competition Co-operation Agreement signing authorised, UMG/Downtown SO, CJEU State aid clarification

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NEWS
EU law update for practitioners: Council positions, CJEU judgments, GDPR enforcement, AI and TMT measures, financial services reforms, green claims and nature restoration, trade defence—week ending 20 June 2024

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PRACTICE NOTES
EU trade agreements in force: tracker covering FTAs, EPAs, association, customs union, EEA and interim arrangements

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PRACTICE NOTES
UK DMCCA 2024 digital markets regime: SMS designations, conduct requirements, PCIs, merger reporting, investigatory powers, penalties and appeals; CMA/DMU implementation, investigations and EU DMA comparison

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EU Urban Wastewater Treatment Directive 2024/3019 (Recast): Enhanced collection and treatment, quaternary controls on micropollutants, EPR for pharmaceuticals/cosmetics, energy neutrality, monitoring, public health and compliance deadlines

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