Policy

European Union

This article is part of the series: Politics and government of the European Union

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Today the accession process follows a series of formal steps, from a pre-accession agreement to the ratification of the final accession treaty. These steps are primarily presided over by the European Commission (Enlargement Commissioner and DG Enlargement), but the actual negotiations are technically conducted between the Union's Member States and the candidate country.

Criteria

Main article: Copenhagen criteria

Any European country could in theory apply to join the EU, at which point the Council would consult with the Commission and the European Parliament on beginning accession negotiations. The council would either accept or reject the recommendation unanimously. To receive a positive recommendation, the country must meet the following criteria:^[1]

• It must be a "European State"
• It must respect the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

To gain membership it must:

• Meet the following Copenhagen criteria established by the European Council in 1993:
  • Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.
  • The existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union.
  • The ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union.

In December 1995, the Madrid European Council revised the membership criteria to include conditions for member country integration through the appropriate adjustment of its administrative structures: since it is important that European Community legislation be reflected in national legislation, it is critical that the revised national legislation be implemented effectively through appropriate administrative and judicial structures.

Process

Before a country applies for membership it typically signs an association agreement to help prepare the country for candidacy and eventual membership. Most countries do not meet the criteria to even begin negotiations before they apply, so they need many years to prepare for the process. An association agreement helps prepare for this first step.

In the case of the Western Balkans, a special process, the Stabilisation and Association Process exists to deal with the special circumstances there.

When a country formally applies for membership, the Council asks the Commission to prepare an opinion on the country's readiness to begin negotiations. The Council can then either accept or reject the Commission's opinion (The Council has only once rejected the Commission's opinion when the latter advised against opening negotiations with Greece^[2]).

If the Council agrees to open negotiations the screening process then begins. The Commission and candidate country examine its laws and those of the EU and determine what differences exist. The Council then recommends opening negotiations on "chapters" of law that it feels there is sufficient common ground to have constructive negotiations. Negotiations are typically a matter of the member state convincing the EU that its laws and administrative capacity are sufficient to execute European law, which can be implemented as seen fit by the member states. Often this will involve time-lines before the Acquis Communautaire (European regulations, directives & standards) has to be fully implemented.

Population and GDP per capita of EU member states and some candidates.

A chapter is said to be closed when both sides have agreed it has been implemented sufficiently, however it can still be re-opened if the Commission feels that the candidate has fallen out of compliance.

To assess progress achieved by countries in preparing for accession to the European Union, the European Commission submits regular reports (yearly) to the European Council. These serve as a basis for the Council to make decisions on negotiations or their extension to other candidates.

Once the negotiations are complete a treaty of accession will be signed, which must then be ratified by all of the member states of the Union, as well as the institutions of the Union, and the candidate country. Once this has been completed it will join the Union on the date specified in the treaty.

The entire process, from application for membership to membership has typically taken about a decade, although some countries, notably Sweden, Finland, and Austria have been faster, taking only a few years. The process from application for association agreement through accession has taken far longer, as much as several decades (Turkey for example first applied for association in the 1950s and has yet to conclude accession negotiations).

Success and fatigue

Enlargement has been one of the EU's most successful foreign policies,^[3] yet has equally suffered from considerable opposition from the start. French President Charles de Gaulle opposed British membership fearing US influence. His successor François Mitterrand opposed Greek, Spanish and Portuguese membership fearing they were not ready and it would water the community down to a free trade area.^[4]

The reasoning for the first member states to apply, and for them to be accepted, were primarily economic while the second enlargement was more political. The southern Mediterranean countries had just emerged from dictatorships and wanted to secure their democratic systems through the EEC, while the EEC wanted to ensure the same thing and that their southern neighbours were stable and aligned to NATO.^[5] These two principle forces, economic gain and political security, have been behind enlargements since. However, with the recent large enlargements in 2004, public opinion in Europe has turned against further expansion.^[4]

It has also been acknowledged that enlargement has its limits, the EU cannot expand endlessly.^[3] Commission President Romano Prodi favoured granting states "everything but institutions" to the EU's neighbours; allowing them to co-operate deeply while not adding strain on the EU's institutonal framework.^[3] This has in particular been pushed by France and Germany as a privileged partnership for Turkey, membership for which has faced considerably opposition on cultural and logistical grounds.