The Enlargement of the Union
On 1July2013, Croatia became the28th (now 27th) Member State of the European Union. Since then, no other countries have joined the EU, and the UK left the EU on 31January2020. Accession negotiations and chapters have been opened with Montenegro, Serbia and ü쾱. Albania and North Macedonia opened accession negotiations in July2022, and Bosnia and Herzegovina in March2024. Kosovo submitted its application for EU membership in December2022. In December2023, the EU decided to open accession negotiations with Moldova and Ukraine and to grant candidate country status to Georgia. (5.5.6 and 5.5.7).
Legal basis
- Article49 of the Treaty on European Union (TEU) establishes which states may apply;
- Article2 TEU describes the EU’s founding values.
Objectives
The EU’s enlargement policy aims to unite European countries in a common political and economic project. Guided by the Union’s values and subject to strict conditions, enlargement has proved to be one of the most successful tools in promoting political, economic and social reforms, and in consolidating peace, stability and democracy across the continent. Enlargement policy also enhances the EU’s presence on the global stage.
Background
A. Conditions for accession
Any European state may apply to become a member of the Union if it respects its common values and is committed to promoting them (Article49 TEU). The Copenhagen criteria, established by the European Council in1993 in Copenhagen, are essential in any candidate or potential candidate country’s EU integration process. They include:
- The stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;
- A functioning market economy and the ability to cope with competitive pressure and market forces within the EU;
- The ability to take on the obligations of membership, including by adhering to the aims of political, economic and monetary union, and adopting the common rules, standards and policies that make up the body of EU law (the acquis communautaire).
In December2006, the European Council agreed on a ‘renewed consensus on enlargement’, based on ‘consolidation, conditionality and communication’ and on the EU’s capacity to integrate new members.
B. The EU’s integration capacity: institutional arrangements
Successive enlargements formed a substantial part of the institutional negotiations that led to the adoption of the Treaty of Lisbon. The EU had to adapt its institutions and decision-making processes to the arrival of new Member States and ensure that enlargement would not come at the expense of efficient, accountable policymaking. The Treaty of Lisbon introduced profound changes to the composition and work of the main EU institutions. Some of these changes reflected the need for a sustainable set of rules that do not require new amendments with every new enlargement.
C. Process
A country that wishes to join the EU addresses its application to the Council, which asks the Commission to submit an opinion. Ϸվ is notified of this application. If the Commission’s opinion is favourable, the European Council may decide – by unanimity – to grant the country candidate status. Following a recommendation by the Commission, the Council decides – again by unanimity – whether negotiations should be opened. The sum of EU legislation (the acquis communautaire) is divided into more than 30policy chapters. Before actual negotiations start, the Commission delivers a ‘screening’ report for each chapter. On the basis of the Commission’s recommendation, the Council decides by unanimity whether or not to open more negotiation chapters or clusters of chapters. Whenever progress is judged satisfactory, the Commission may recommend ‘provisionally closing’ a chapter or cluster of chapters. The Council again decides by unanimity, taking into account the overall progress in the area of the rule of law. When negotiations on all the chapters or clusters of chapters are completed, the terms and conditions – including possible safeguard clauses and transitional arrangements – are incorporated into an accession treaty between the Member States and the acceding country. Only after Ϸվ’s consent and the Council’s unanimous approval can the accession treaty be signed. It is then submitted by all contracting states – including the acceding country – for ratification, in accordance with their constitutional requirements (i.e. ratification by parliament or referendum).
Past enlargements
Country | Member since | Particularities |
---|---|---|
Belgium France Germany Italy Luxembourg The Netherlands |
1958 | Original signatories to the1957 Treaty of Rome. |
Denmark Ireland United Kingdom[1] |
1973 | |
Greece | 1981 | Greece’s accession consolidated democracy in the country. |
Portugal Spain |
1986 | This enlargement consolidated democracy in Portugal and Spain. |
Austria Finland Sweden |
1995 | |
Cyprus Czechia Estonia Hungary Latvia Lithuania Malta Poland Slovakia Slovenia |
2004 | Intended to reunite the continent after the fall of the Berlin Wall and the collapse of the Soviet Union, this enlargement was launched by the European Council meeting of December1997. Negotiations were conducted separately with each country, based on a single negotiating framework. |
Bulgaria Romania |
2007 | The pace of reform in Bulgaria and Romania did not allow these countries to join in2004. A ‘cooperation and verification mechanism’ in key areas – judicial reform, the fight against corruption and the fight against organised crime (the latter applying only to Bulgaria) – was put in place to monitor progress after accession. |
Croatia | 2013 | The accession negotiations with Croatia were subject to the stricter conditionality established in December2006 by the European Council’s ‘renewed consensus on enlargement’. |
A. Western Balkans
Relations with the Western Balkans fall within the framework of the Stabilisation and Association Process, launched in1999. It is based on bilateral stabilisation and association agreements.
Croatia’s accession to the EU on 1July2013 constitutes a significant incentive for other countries in the region. Building on the experience with Croatia, the Commission proposed further improvements to its negotiating approach in its2011-2012 ‘Enlargement Strategy’, including a stronger emphasis on rule of law issues. This means that negotiating chapters on judicial reform and fundamental rights (chapter23) and on justice, freedom and security (chapter24) are opened at an early stage in all future negotiations and that they are the last to be closed. This approach was reaffirmed and reinforced in the Commission communication of 5February2020 entitled ‘Enhancing the accession process – A credible EU perspective for the Western Balkans’, which introduced a revised methodology for enlargement to the Western Balkans. It is also part and parcel of the Economic and Investment Plan for the Western Balkans, which was published as part of the Commission’s2020 enlargement package. On 8November2023, the Commission adopted a new EUR6billion growth plan for the Western Balkans, based on four pillars and covering the2024-2027 period. The plan intends to bring some of the benefits of EU membership to the region in advance of accession, with strong ex ante conditionality for payments.
Russia’s war of aggression against Ukraine and the EU’s decision to grant candidate country status to Georgia, Moldova and Ukraine and to open accession negotiations with Moldova and Ukraine have also led to a renewed focus on the EU integration process of the Western Balkan candidate and potential candidate countries.
To date, all33 screened negotiating chapters with Montenegro have been opened, but only three have been provisionally closed. Serbia has opened22 out of35 negotiating chapters, of which two have been provisionally closed. Despite the considerable number of opened chapters, EU integration-related reforms in both countries have largely stalled over the past years.
In March2020, the Council finally gave the green light to open accession negotiations with Albania and North Macedonia (with a set of conditions for Albania). In July2020, the Commission presented the draft negotiating frameworks – the first to take into account the ‘revised methodology for enlargement to the Western Balkans’ – to the Member States. Accession negotiations with both countries were formally opened in July2022 following long delays mainly stemming from issues between North Macedonia and Bulgaria related to identity, language and history.
The Stabilisation and Association Agreement between the EU and Bosnia and Herzegovina (BiH) entered into force on 1June2015. In February2016, BiH submitted its membership application. In its opinion of May2019, the Commission listed 14 key priorities that BiH must fulfil in order to open accession negotiations. Despite its failure to deliver on most of these priorities, BiH was granted candidate country status in December2022. Following a positive recommendation by the Commission, the European Council decided in March2024 to open EU accession negotiations with BiH without further preconditions.
The Stabilisation and Association Agreement between the EU and Kosovo entered into force on 1April2016. In December2022, Kosovo applied for EU membership. Following a decisive vote in Ϸվ in April2023, Kosovo has benefited from visa-free travel to the Schengen area since January2024. Kosovo is also conducting an EU-facilitated dialogue with Serbia that should lead to a legally binding comprehensive agreement on the normalisation of their relations. Both Kosovo and Serbia need to step up efforts to deliver on their obligations, stemming from a revamped agreement of early2023 to rekindle the stalled dialogue.
B. ü쾱
Turkey applied for EU membership in1987 and was declared a candidate country in1999. Negotiations were opened inOctober2005. Eight chapters are blocked, and no chapter will be provisionally closed until ü쾱 applies the ‘Additional Protocol to the Ankara Association Agreement’ to Cyprus. Opening other chapters has been opposed by individual Member States. After a standstill of more than three years, a new negotiating chapter was opened in November2013. Another was opened in December2015. On 18March2016, Turkey and the EU reaffirmed their commitment to implementing their joint action plan to stem the flow of irregular migrants to the EU and to re-energise the accession process. This led to the opening of an additional chapter in June2016, bringing the total number of opened chapters to16 out of35, of which one has been provisionally closed. However, in the light of the dramatic deterioration of the rule of law in ü쾱, in particular in the aftermath of the July2016 attempted coup, the accession process with ü쾱 is de facto frozen. EU-ü쾱 relations are further strained by ü쾱’s foreign policy choices and its promotion of a ‘two-states-on-one-island’ solution to the Cyprus issue.
Role of the European Ϸվ
Under Article49 TEU, Ϸվ must give its consent to any new accession to the EU. It also has a significant say over the financial aspects of accession: its budgetary powers give it direct influence over the amounts allocated to the Instrument for Pre-accession Assistance.
Ϸվ’s Committee on Foreign Affairs appoints standing rapporteurs for all candidate and potential candidate countries. Ϸվ expresses its positions on enlargement in the form of annual resolutions responding to the Commission’s latest annual ‘country reports’. On 23November2022, it adopted recommendations on a new EU strategy for enlargement, including the recommendation to conclude negotiations with accession countries by the end of the current decade at the latest. On 29February2024 it adopted a resolution on deepening EU integration in view of future enlargement. Ϸվ also maintains bilateral relations with the parliaments of all enlargement countries through its delegations, which regularly discuss with their counterparts issues that are relevant to their respective EU integration paths. It has observed elections in all enlargement countries except ü쾱, which has yet to invite Ϸվ to do so.
André De Munter