European Commission proposes limiting rights for future EU members

The European Commission is set to propose curbing some rights for future European Union (EU) members, as well as moving to qualified-majority voting instead of unanimity in a number of areas, including enlargement. These are the key elements of the enlargement strategy the Commission will adopt and publish on October 7.

The aim of the two proposals is to ensure that the admission of new members does not further complicate the bloc’s already complex decision-making process. In the strategy, the Commission will stress that enlargement must be well prepared, for mutual benefit. On the one hand, candidate countries must be ready and meet strict conditions, while on the other hand the EU itself must be institutionally, financially and politically ready to remain functional after enlargement.

According to a draft of the document seen by Radio Free Europe/Radio Liberty (RFE/RL), the mechanisms for future members that the Commission is preparing would aim to limit the possibility of blocking decisions during the first years of membership, while existing member states would have instruments at their disposal to react if new members, after accession, deviate from the commitments undertaken.

Future members without veto rights

The most sensitive element of the draft concerns limiting veto rights, referred to symbolically in the document as a “temporary obligation regarding decision-making in the EU Council and the European Council.” Under this proposal, future members would commit not to oppose Council decisions in areas where unanimity is required. The proposal would apply to institutional matters and issues related to future enlargements. In return, as the draft states, the European institutions would commit to finding a satisfactory solution when a new member invokes vital national interests.

The new arrangements, according to RFE/RL sources familiar with the document’s content, would be included in a joint declaration to be attached to the Accession Treaty. The declaration would be adopted before the Accession Treaty.

Safeguard clauses

In addition to the existing mechanisms that applied to previous members, the Commission will propose adding two new mechanisms, relating to financial and institutional matters. The financial safeguard mechanism would allow the Commission, for a limited period after accession, to propose proportionate measures if there is clear evidence or a serious risk that rule-of-law deficiencies are endangering the financial management of the EU budget or the protection of its financial interests.

The institutional clause would apply in the event of a “particularly serious breach,” when the EU Council could adopt appropriate and proportionate measures, including the temporary suspension of certain rights stemming from membership.

Through this document, the Commission will also warn of strengthened measures in the event of a deterioration of the rule of law, democracy and fundamental rights after the conclusion of accession negotiations.

Proposed changes to EU institutions as well

EU membership will apparently no longer mean that future members automatically get their own commissioners, since under the new proposal this would not apply even to existing members. The Commission in fact proposes reducing the number of commissioners, which currently corresponds to the number of member states, to two-thirds of the number of member states, with strictly equal rotation.

The Commission also supports wider application of qualified-majority voting, as well as enhanced cooperation by a group of states when there is no unanimity. The draft proposes, among other things, that qualified-majority decision-making apply to the intermediate steps of the enlargement process, such as the opening and closing of chapters, while unanimity would apply only to the final decision on admitting a future member to the EU.