BRUSSELS – A new non-paper signed by five Member States advocates for a “general template for future accession treaties” with the current candidate countries, to ensure that future enlargements will strengthen the European Union. The non-paper proposes further strengthening of existing safeguards and transitional measures, which were applied to previous enlargement rounds, as well as devising additional safeguards, especially in the rule of law. Temporary and transitional limitations of voting rights are also proposed.
According to Reuters, the paper has been signed by Germany, France, the Netherlands, Belgium, and Luxembourg.
The paper, seen by the European Western Balkans, assesses that “a copy-paste of previous accession treaties will not suffice” for new enlargements and that an opportunity must be seized to design necessary improvements.
“This will be key to uphold and increase political and public support for enlargement, which is in turn instrumental in view of the required ratification of accession treaties in all Member States”, the paper reads.
“What is needed”, it is added, “is a general template for future accession treaties and catalogues of options to choose from, which can then be flexibly tailored and complemented depending on the challenges that each accession might bring”.
It is proposed that the European Union should build upon existing sectoral safeguards and transitional measures from previous enlargements.
“These safeguards (in the field of Justice and Home Affairs, the internal market or the economic situation) should again be included in future accession treaties, yet we must assess whether they are still sufficiently broad in scope to respond to the current challenges”, the paper reads.
New safeguards, according to the proposition, may be required in areas such as economic security and resilience against foreign interference.
Transitional measures in the past accession treaties, which covered areas such as financial provisions and free movement of labour, should also be included in future accession treaties, and it should be discussed whether they should be enhanced.
Safeguarding the rule of law
The non-paper further adds that the EU needs adequate instruments to be able to act in case of potential backsliding on EU values such as the rule of law.
It is therefore proposed that, in future accession treaties, the new safeguards should be included in addition to the current rule of law instruments.
Among the proposed solutions is a “non-regression clause” codified as a binding norm, which prohibits regression on EU values.
“In case of a (potential) breach, (an investigation into) the use of e.g. financial rule of law instruments, the infringement procedure and a new safeguard clause, depending on a specific situation, should follow automatically”, the paper reads.
Another solution is a safeguard clause which extends beyond the fields covered by previous accession treaties. The duration of this clause should be extended beyond the previous three years, and it should be invoked in the event of “serious shortcoming or backsliding in the respective Member State in protecting the EU values, including the respect for the rule of law, democratic principles and media freedom”.
The non-paper also proposes, with regard to the rule of law, that the Rule of Law Report, which is already applied to some candidate countries, should be further developed and that participation in the European Public Prosecutor’s Office (EPPO) should be a precondition for accession of new Member States.
Limitations of voting rights
The accession of new Member States should not affect the EU’s capacity to act, which should principally be addressed through EU internal reforms, carried out in parallel to enlargement. The European Commission is called upon to publish the pre-enlargement policy reviews.
“The EU should have an in-depth discussion on the possibility of temporary, transitional limitations of voting rights for new Member States, in particular parts of the EU-acquis where unanimity is required (e.g. (parts of) enlargement, Common Foreign and Security Policy, Multiannual Financial Framework), taking due consideration of legal and political sensitivities”, the paper reads.
The period ahead will be key to jointly drafting a new blueprint for accession treaties that contributes to sustaining and upward trend after enlargement.
