LESSONS FOR FUTURE ENLARGEMENTS
114. If the EU is to continue to enlarge, it
is important that it must learn from previous accessions. Overall,
our witnesses deemed the 2004 enlargement a success. However,
they also pointed out that the EU should be mindful of the following
lessons to guarantee that future enlargements proceed smoothly
and do not disrupt the functioning of the Union:
115. As a first lesson, witnesses pointed out
that an official target date for accession did notas some
may have hopedhelp to sustain momentum for reform in the
candidate countries. On the contrary, target dates seem to diminish
the leverage the EU has over acceding countries: "It is as
if you have a boy in school who is told: 'You will not graduate
this year if you fail your courses, but you will certainly graduate
next year. Will you work?' No, he will clearly not work."
(Q 325).
116. The EU set a 'target date' for the accession
of Bulgaria and Romania of January 1st 2007, partly
to console them over the fact that they were not included in the
first wave of enlargement in 2004 and, in the view of some, to
compensate them for the economic losses they suffered as a result
of the NATO bombing of Belgrade and the action in Kosovo (Q 54).
There are now widespread concerns that these two candidate countries
are not sufficiently prepared for EU entry, most notably due to
widespread corruption, a high incidence of organised crime and
ineffectiveness in their judicial systems. Some experts pointed
out that by giving Bulgaria and Romania a date for accession,
it had weakened its own leverage over these countries.
117. The EU subsequently sought to rectify this
situation by providing for a possible one-year delay in their
accession, unless they rapidly addressed Brussels' remaining concerns.
However, while Romania made notable progress in improving the
working of its judiciary, Bulgaria continued to lag behind (Q
140). Threat of a one-year delay proved ineffective in encouraging
reform since the governments in Sofia and Bucharest knew that
they would join in 2008 at the latest, even if reforms continue
to stall. Although Croatia has set itself a target date of 2009
to join the Union, the EU has been very careful not to officially
endorse such a date (Q 325). Similarly, politicians from EU countries
have rebuffed requests from Macedonia to be given a date for accession
(Q 345).
118. We recommend that in future the EU does
not endorse target dates for EU entry until the accession negotiations
with the candidate in question are almost complete and the EU
is fully satisfied that the candidate can assume the obligations
of membership.
119. Witnesses warned that the EU should not
admit countries that have outstanding questions of border delineation,
separatism or the integration of ethnic minorities. This was particularly
important with a view to the potential accession of the Western
Balkan countries (Q 222, Q 277).
120. The EU had hoped that the two parties in
Cyprus would have reached a sustainable political solution to
the island's division before Cyprus entered the Union. The Annan
Plan (a UN-sponsored plan to reunify the island as a federation)
was put to a referendum in both parts of the island just before
Cyprus was scheduled to join the Union in 2004. The Greek Cypriots
rejected the plan while the Turkish Cypriots accepted it. As a
result, a divided island joined the EU shortly afterwards (officially,
the divided island is now a member, but the acquis is suspended
in the Northern part of the island).
121. Since Cyprus has joined the EU, its motivation
and willingness to seek a political solution to the problem or
help alleviate the economic isolation of the Turkish Cypriots
in the north of the island appears to have been low. Turkish officials
also accuse the Greek Cypriots of using their status of an EU
Member State to complicate Turkey's EU accession process and so
force compromises that are more in Cyprus's interest.
122. Some witnesses pointed out that the EU should
not admit the countries of the Western Balkans before outstanding
issuessuch as the 'final status' of Kosovo or the divisions
of power in Bosniahave been settled on a sustainable basis
(Q 61). If the EU admitted Bosnia before a sustainable solution
was found to its statehood and governance, this could cause "absolute
mayhem" in the EU (Q 61).
123. It is essential that future enlargements
do not import existing disputes about borders, the treatment of
minorities and recognition into the Union. At the same time, however,
the EU must be careful not to allow third countries to effectively
gain a veto over the accession of a candidate by preventing the
settlement of an existing dispute.
124. Witnesses agreed that the EU has transformative
powers over countries that wish to accede. However, it risks squandering
this leverage unless it uses conditionality in a consistent and
credible manner.
125. As Graham Avery pointed out (Q 54) the real
novelty of the last enlargement round was not the state of preparedness
of the candidates (similar concerns had been voiced about the
Mediterranean candidates in the 1980s). It was the use of conditionality.
The EU used both the "carrot" of membership and the
"stick" of exclusion to drive economic and political
reforms in the candidate countries. The EU devised the "regatta
principle" according to which each candidate progresses towards
accession as fast as its own pre-accession preparations allow.
Each country joins if and when it fully complies with the Copenhagen
criteria. The main incentive for candidates to keep up the pace
of change was the threat of exclusion from the first round of
accession. However, by admitting ten candidates in a "big
bang" enlargement (and promising the remaining two to join
shortly thereafter), the EU to some extent undermined the credibility
of its own conditionality, since not all of them were at the same
level of preparedness (pp 194-195). If there are doubts about
the EU's willingness to use conditionality, its leverage over
current candidates, both the countries of the Western Balkans
and Turkey, will be reduced. Witnesses therefore urged the EU
to apply the regatta principle more rigorously, and not aim for
another big bang enlargement, especially in the case of the Western
Balkans: "Regarding the Western Balkans, [accession] will
be a long process to which the roads for Croatia and Albania cannot
be compared" (Q 324).
126. Several of our witnesses encouraged the
EU to be "tough" on current and future candidates and
to enforce conditionality rigorously. They pointed out that by
letting standards slip, the EU risks harming not only the credibility
of the accession process but also the candidate countries, which
are the main beneficiaries from the reforms the EU is demanding.
The worst thing, in the opinion of Lord Patten of Barnes, the
former Commissioner for external relations, would be for them
to pretend they are reaching the standards and for us to pretend
we believe them.[40]
127. In its monitoring of the accession preparations
the European Commission has increasingly shifted its emphasis
from the adoption of EU-conforming laws to their implementation
and enforcement. In the current round of negotiations, the conditions
for progress have become even stricter. The EU now sets "benchmarks"
for the opening and closing of each chapter (see box in Chapter
1).[41] This means that
the EU can require a candidate country to provide evidence that
it is applying EU law in a certain area before negotiations in
this area are closed, or even opened.
128. The Croatian chief negotiator, Vladimir
Drobnjak, who described his country as the "guinea pig"
for the stricter monitoring regime, said that benchmarking added
a degree of uncertainty to the accession process because individual
member-states could block the negotiations at any stage. There
are also suspicions that existing EU members could use the benchmarking
process to hold up the negotiations with a country with which
it has a particular political problem (such as Cyprus with Turkey
or Italy with Croatia over the restoration of property).
129. Mr Drobnjak acknowledged, however, that
the EU's more rigorous approach to accession negotiations could
in the end work in a candidates favour. Since the public and national
governments will be reassured that candidates are well prepared,
the ratification of the accession treaty should proceed smoothly
(Q 123).
130. The EU must use conditionality in a consistent
and credible manner. Rather than aiming for a "big bang"
enlargement of the Western Balkans, the EU should stick to a system
under which each country progresses towards membership as fast
as its pre-accession preparations allow.
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