European Union Enlargement Conditionality

Eli Gateva

• Publisher: Palgrave Macmillan
• Year: 2016
• Print ISBN:
  9781137482426
• eBook ISBN:
  9781137482433
• Topic: Politics & International Relations
• Subtopic: Comparative Politics
• Index: Politics & International Relations

The book provides the first comprehensive comparative analysis of the development of EU enlargement conditionality across four different enlargement waves - the first (2004) and the second (2007) phase of the Eastern enlargement, the EU enlargement to Croatia (2013), and the ongoing enlargement round involving Turkey and the Western Balkans.

1

Conditionality and EU Enlargement: A Conceptual Overview

The aim of this chapter is threefold. Firstly, it briefly sketches the development of the EU enlargement policy by focusing on the history of enlargement rounds (Table 1.1), the nature of the accession process and the development of membership conditions. Secondly, the chapter discusses the emergence of EU enlargement as a prominent research area and reflects on the key questions and debates in the literature on EU conditionality. Finally, it outlines a stage-structured conditionality model, which provides a conceptual framework for comparative study of EU enlargement conditionality.

EU enlargement waves

Enlargement has always been an important part of the European integration project. The Schuman Declaration of 9 May 1950, which promoted the idea of ‘a united Europe’ and inspired the creation of the first European Community (EC), acknowledged that:

Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany. Any action taken must in the first place concern these two countries.

(Schuman Declaration, 1950)

On 18 April 1951, France, West Germany, Italy, Belgium, the Netherlands and Luxembourg took the first steps towards unifying the continent by signing the Treaty establishing the European Coal and Steel Community (ECSC) or the Treaty of Paris. Article 98 confirmed the inclusive nature of the process by specifying that:

[a]ny European State may request to accede to the present Treaty. It shall address its request to the Council, which shall act by unanimous vote after having obtained the opinion of the High Authority. Also by a unanimous vote, the Council shall fix the terms of accession. It shall become effective on the day the instrument of accession is received by the government acting as depository of the Treaty.

(Treaty of Paris, 1951)

Table 1.1 Enlargement rounds

Date	Enlargement rounds	Countries
01.01.1973	First enlargement	United Kingdom, Ireland and Denmark
01.01.1981	Second enlargement	Greece
01.01.1986	Third enlargement	Spain and Portugal
01.01.1995	Fourth enlargement	Austria, Finland and Sweden
01.05.2004	Fifth enlargement (first phase)	Cyprus, Czech Republic, Estonia, Hungary, Poland, Latvia, Lithuania, Malta, Slovenia and Slovakia
01.01.2007	Fifth enlargement (second phase)	Bulgaria and Romania
01.07.2013	Sixth enlargement	Croatia

In a similar manner, Article 237 of the Treaty establishing the European Economic Community (EEC) and Article 205 of the Treaty establishing European Atomic Energy Community (EURATOM) stated that ‘[a]ny European State may apply to become a member of the Community’ (EURATOM Treaty, 1957; Treaty of Rome, 1957).

First enlargement

Churchill was one of the first to advocate the idea of a united Europe. In his Zurich speech in 1946, he noted that ‘to recreate the European fabric, or as much of it as we can, and to provide it with a structure under which it can dwell in peace, safety and freedom. We must build a kind of United States of Europe’ (Churchill, 1946). Although he argued that ‘[i]f Europe were once united in the sharing of its common inheritance there would be no limit to the happiness, prosperity and glory which its 300 million or 400 million people would enjoy’, he did not envisage the participation of the United Kingdom in the European unification (Churchill, 1946). Great Britain was reluctant to take part in the European Communities. However, in the 1960s United Kingdom’s policy towards Europe changed and the country applied for EEC membership on 9 August 1961.

The British government flagged ‘the special Commonwealth relationship as well as [of] the essential interests of British agriculture and of the other Members of the European Free Trade Association [EFTA]’ as difficult matters and expressed the belief that:

Member Governments will consider these problems sympathetically and therefore have every confidence in a successful outcome to the negotiations. This would constitute an historic step towards that closer union among the European peoples which is the common aim of the United Kingdom and of the Members of the Community.

(Bulletin of the European Economic Community, 1961)

The United Kingdom’s commitment to European integration also influenced Ireland’s decision to seek membership. Denmark and Norway followed suit and also applied to join the EEC (see Table 1.2). In January 1963, the French President De Gaulle reflected on the differences between the British and the continental European economic interests and their implications for the future of the Community and declared his opposition to the United Kingdom’s application. Although the French veto brought the 1961–1963 enlargement negotiations to an abrupt end, the United Kingdom, Ireland, Denmark and Norway applied for a second time in 1967. Following the devaluation of the British pound in November 1967, De Gaulle vetoed again the British application. It was only after his resignation that the French position changed and accession negotiations were launched in 1970.

The membership talks included a number of challenging issues such as the United Kingdom’s financial contribution to the Community and its participation in the Common Agricultural Policy. In the case of Denmark, solutions needed to be found with regard to the Faroe Islands and Greenland. Norway raised concerns about the implications of membership for its agriculture and fishing industry. The Accession Treaty was signed on 22 January 1972 in Brussels. The referenda in Ireland and Denmark showed strong support for European membership, respectively, with 80% and 63% in favour of accession to the European Communities. The result of the referendum in Norway was unexpected with 53.5% against EEC membership. Although the outcome of the referendum was not legally binding, it led to the rejection of the Treaty by the Norwegian Parliament. The first enlargement took place on 1 January 1973 with the accession of the United Kingdom, Ireland and Denmark. Although the British public was not initially consulted, the results of the 1975 referendum – 67.2% in favour and 32.8% against – confirmed the approval of the electorate for the EEC membership of the country.

Table 1.2 Application for membership of the EEC/EU

Applicant	Date of application	Application outcome/date of accession
Ireland	31.07.1961	Withdrawn due to veto on United Kingdom
	11.05.1967	01.01.1973
United Kingdom	10.08.1961	Vetoed by France
	10.05.1967	01.01.1973
Denmark	10.08.1961	Withdrawn due to veto on United Kingdom
	11.05.1967	01.01.1973
Norway	30.04.1962	Withdrawn due to veto on United Kingdom
	21.07.1967	Rejected by Norway in referendum
	25.11.1992	Rejected by Norway in referendum
Greece	12.06.1975	01.01.1981
Spain	28.06.1977	01.01.1986
Portugal	28.03.1977	01.01.1986
Turkey	14.04.1987	Negotiating accession
Morocco	20.07.1987	Rejected
Austria	17.07.1989	01.01.1995
Cyprus	03.07.1990	01.05.2004
Malta	03.07.1990	01.05.2004
Sweden	01.07.1991	01.01.1995
Finland	18.03.1992	01.01.1995
Switzerland	25.05.1992	Frozen
Hungary	31.03.1994	01.05.2004
Poland	05.04.1994	01.05.2004
Romania	22.06.1995	01.01.2007
Slovakia	27.06.1995	01.05.2004
Latvia	13.09.1995	01.05.2004
Estonia	24.11.1995	01.05.2004
Lithuania	08.12.1995	01.05.2004
Bulgaria	14.12.1995	01.01.2007
Czech Republic	17.01.1996	01.05.2004
Slovenia	10.06.1996	01.05.2004
Croatia	21.02.2003	01.07.2013
FYROM	22.03.2004	Candidate country
Montenegro	15.12.2008	Negotiating accession
Albania	28.04.2009	Candidate country
Iceland	17.07.2009	Suspended accession negotiations
Serbia	22.12.2009	Negotiating accession

Sources: Commission of the European Communities (1976, 1989); European Commission (1993a, 1993b, 1994, 1997, 2004a, 2005b, 2010c, 2010d, 2010e, 2011a); Council of the European Union (2009, 2014).

Second enlargement

In the 1980s, the Communities expanded to the South. Greece was the first country to seek and establish an association ‘involving reciprocal rights and obligations, common action and special procedures’ with the Community (Treaty of Rome, 1957). The AA which was signed on 9 July 1961 envisaged the development of a customs union between Athens and the EEC over a period of 22 years. Furthermore, Article 72 of the Agreement stated that ‘as soon as the operation of this agreement has advanced far enough [ … ] the contracting parties shall examine the possibility of the accession of Greece to the EEC’ (Official Journal, 1961). However, following the military coup of 21 April 1967 and the establishment of military dictatorship, the Community froze the AA. After the restoration of democracy, Athens formally applied to join the European Communities in 1975. The Commission recognised that the AA ‘was explicitly aimed at paving the way for eventual full membership’ and stressed ‘that the Community must now give a clear positive answer to the Greek request’ (Commission of the European Communities, 1976). Nevertheless, the Commission opposed swift accession and called for a preparatory phase by noting that ‘[i]n the case of Greece, where structural changes of a considerable magnitude are needed, it would seem desirable to envisage a period of time before the obligations of membership, even subject to transitional arrangements, are undertaken’ (Commission of the European Communities, 1976). In addition to reflecting on the economic implication of the Greek accession, the Commission also acknowledged the consequences of the Greek membership for the relations between the Community and Turkey and for the development of the Community. Despite the negative recommendation, the Council ‘agreed that the preparatory talks essential to the establishment of a common basis for negotiation should take place as soon as possible in a positive spirit’ (Council of the European Communities, 1976). Although the member states imposed a seven-year transitional period on the free movement of Greek workers and some agricultural products, they agreed to grant Athens a five-year transitional period in order to allow the Greek economy to comply with the Community rules. The accession negotiations were completed in May 1979, and Greece became the tenth member state of the Communities on 1 January 1981.

Third enlargement

The 1970s signalled the beginning of important political transformations in Spain and Portugal. Following the collapse of the dictatorships, Lisbon and Madrid submitted their applications for EEC membership in 1977. The Commission not only issued favourable opinions on the applications of both countries, but also identified a number of challenges in the areas of agriculture, fisheries, industry, social aspects, regional aspects and external relations. The membership negotiations with Portugal were launched in October 1978. Four months later, the Community started negotiating with Spain. Although the size of the Spanish agricultural sector and fishing fleet turned out to be particularly problematic issues, the French opposition to further enlargement and the debates surrounding the British Budgetary Question also protracted the accession process with Madrid and Lisbon (Council of the European Union, 2009).

In December 1982, the Commission analysed the enlargement process and drew up a list of proposals with the aim of overcoming the existing obstacles. The Commission identified the general principles of the accession negotiations:

– clarity of the terms of accession (particularly with reference to the transitional measures);

– adoption of the acquis communautaire (short: acquis) in full; and

– simultaneous accession of Portugal and Spain.

The Commission’s communication recognised that some ‘traditional problems’ ‘arise from the fears engendered in the Member States by the prospect of change in an established situation, the increased openness of their markets to external competitors and the concomitant adjustments in ...

Table of contents

• Cover
• Title Page
• Copyright
• Contents
• List of Tables
• Acknowledgements
• List of Abbreviations
• Introduction
• 1. Conditionality and EU Enlargement: A Conceptual Overview
• 2. EU Conditionality in the Context of the 2004 Enlargement
• 3. EU Conditionality in the Context of the 2007 Enlargement
• 4. EU Conditionality in the Context of the South-Eastern Enlargements
• 5. The Evolution of EU Enlargement Conditionality: Overview and Key Findings
• Appendix I: List of Negotiating Chapters
• Appendix II: Commissioners Responsible for Enlargement
• Appendix III: Public Supports for Enlargement in EU Member States: 1996–2006
• Appendix IV: EU Public Attitudes to the 13 Applicant Countries: 1996–2002
• Appendix V: Public Support for Enlargement in EU Member States: 2007–2014
• Notes
• Bibliography
• Index