Oefenvragen HC9

• "Sui generis" refers to the unique policy area for the EU, also used as a foreign policy tool.
• Policymaking in the EU is distinct because of its transformative nature for both the EU and its member states.
• Each round of new accessions transforms the EU, creating new priority policy areas and geographies of interest.
• Acceding states are also transformed by the process.
• The accessions were especially important after the Cold War with the inclusion of the Central and Eastern European countries (CEECs).
• The Western Balkans are currently undergoing an ongoing accession process.

Historical Background

• Northern Enlargement (1973) included the UK, Ireland, and Denmark.
• The UK brought nuclear power and UNSC membership with it.
• EU trade relations expanded via Commonwealth ties.
• The EU formed new trade relationships with former colonies.
• Ireland was the first neutral country to join but Norway opted out following a referendum.
• Mediterranean Enlargement (1980s) included Greece (1981), Spain, and Portugal (1986).
• Transitions from dictatorial regimes to democracy were supported.
• The EU strengthened its Mediterranean focus
• The Spanish connection put the Latin American ties into perspective with South America
• There were economic disparities introduced which required financial support with weaker southern MS vs richer Northern states
• Spain's recognition of Israel and broker peace became important

EFTA Enlargement (1995)

• Included Sweden, Finland, and Austria.
• These were all neutral countries, avoiding military alliances, indicating that the EU shouldn't become NATO.
• Enhanced focus on human rights and environmental issues, leading to a scandinavian impact and uploading policies to the EU.
• The EU strengthened its interest in the Baltics and North Sea.
• Norway opted out again after a referendum but joined the EEA leading to a single market
• Accession of Central and Eastern European Countries (CEECs)
• There was Post-Cold War re-definition of Europe with Post-communist countries, where governments and economies crumbled
• Reconciliation of Germany with Eastern Europe after WWII happened
• The return of 'Mitteleuropa', Haclav Havel included Central Europe's shared culture & history
• A range of EU policies were introduced to stabilise Eastern Europe
• The Stability Pact for South-Eastern Europe was a French EU initiative attempting to form "Good neighbourly" relations to avoid border and minorities issues based conflicts.
• The PHARE program involved Financial aid for transforming communist economies.
• European (association) agreements recognized the CEECs to join the EU and NATO members, against the return of Russian influence.

Copenhagen Criteria (1993)

• Criteria are needed for applicant states to meet in order to join the EU, agreed upon at the Copenhagen European Council meeting in 1993.
• To be considered, a nation must be a political democracy ruled by the law that protects human and minority rights.
• A nation must have a functioning market economy capable of handling competition.
• A nation must have a legal and administrative system that can adopt the EU Acquis
• A nation must also display its capacity to integrate new members

The Accession Process:

• Application and Candidacy come first when an application is submitted to the Council.
• The Council decides on eligibility; the Commission then gives an opinion (avis).
• The European Council decides to announce the country as a candidate country.
• A structured Pre-Accession Process then begins.
• Association agreements establish cooperation frameworks.
• The Commission screens candidate countries' laws.
• An accession partnership document contains a political aspect and legal approximation.
• A National Programme (and calendar) for the Adoption of the Acquis os set in place
• Pre-accession financial aid supports necessary reforms.
• The Commission makes regular progress reports.
• Next, there are Negotiations based on the Acquis
• The Acquis is divided into 35 chapters, each provisionally closed upon agreement.
• An Intergovernmental conference about time and money is held
• MS negotiations decide the negotiating framework where a bargaining aspect of joining occurs.
• All Copenhagen criteria should be fulfilled.
• An accession treaty gets signed & ratified by all member states and the candidate country.
• This is the Transformative power of the EU which comes with Conditionality
• Countries must meet specific conditions to benefit from EU membership.
• Incentives for compliance are formed when the EU provides benefits for countries that comply with its standards, creating a strong motivation for reform
• Noncompliance can result in costs, creating pressure
• The transformative powers of the EU rely on the credibility and the idea that compliance will be rewarded with real benefits, increasing the Credibility of the accession process
• Main problems occur during the accession CEEC due to Reconciliation after the Second World War
• Benes decrees allowed the Czechoslovak government laws to punish Nazi's, expel ethnic Germans and Hungarians who were seen as complicit in the occupation and confiscate their properties.
• Closure of Soviet style nuclear plants needed to be taken care of
• The question of Russians having access to Kaliningrad from Russia also needed to be handled

Regatta or Big Bang enlargement

• Big Ban principle: states join in big groups such Czech Rep, Poland, Hungary, Slovakia, Estonia, Lithuania, Latvia which joined in 2004 with Slovenia
• States that also joined in 2004 were (three Baltic and former Soviet states), Slovenia and Cyprus, Malta
• As part of the Regatta principle the states joined when they are qualified, rather than in groups such as Bulgaria, Romania which joined in 2007 and Croatia joining in 2013

Result of the CEECs accession

• A growing importance of security against Russia was felt
• A Growing interest in Ukraine and an Eastern Partnership was formed
• European Neighbourhood Policy was required
• Greater reliance on NATO for protection of the CEECs was needed
• One question asks if the EU is Too big to function effectively.
• Decision making is more complex with 27 member states causing different MS to have different priorities with eastern Europe's focus on Russia and Southern Europe's focus on migration
• Reforms were pondered as a solution - The proposed European constitution was rejected by France/Netherlands resulting in the Lisbon treaty to simplify decision making.
• In 2016, a white paper on the future of Europe outlined five scenarios for the EU's evolution by 2025, focusing on challenges like globalization, migration, and technological change to stimulate debate on its strategic direction.
• In 2020, the Conference on the Future of Europe was a participatory initiative inviting citizens, civil society, and institutions to discuss EU reforms, democracy, and policy priorities to shape its future trajectory.

Current Enlargement Process of Candidates

• Western Balkan countries (e.g., Serbia, Montenegro, Albania) are currently in negotiations.
• Negotiations with Turkey are actively frozen but not legally
• Ukraine and Moldova became Candidates post-2022.
• Kosovo is a potential candidate with statehood challenges.
• Iceland declared candidacy after application following its financial crisis but later withdrew.