“We don’t want another Orban case” – New enlargement package unveiled, new EU members will face a period of safeguards

The European Commission has proposed a new procedure for cutting funds and voting rights for new EU member states that violate the rule of law, which would be applicable for up to 15 years after accession.

The proposal also includes new procedures for the gradual integration of candidate countries and measures for the governance of the European Union.

The Commission today presented a comprehensive proposal that includes institutional “safeguards”, which could strip new member states of their voting rights for up to 15 years after their accession to the EU.

The proposed measure aims to avoid situations where a change of political regime in a new member country could hinder the European Union’s decision-making process. It is accompanied by new proposals on how candidate countries can gradually move closer to the Union, as TCH reports.

“I was much criticised when I first said I do not want to see new ‘Trojan horses’ in the European Union. That was before the elections in Hungary. Today I can say that there is no longer a Viktor Orbán,” said Enlargement Commissioner Marta Kos.

The safeguards

In June, five founding EU countries asked for the safeguards in EU accession treaties to be strengthened, in order to deal more quickly with cases of democratic backsliding and violations, also drawing on the lessons learned from Hungary’s experience under Viktor Orbán.

The Commission is now officially pursuing this proposal, assessing that Hungary’s recent experience shows that Article 7 of the Treaty, which allows the EU to strip a member state of certain rights for violating the Union’s values, takes too long and is not always effective.

For this reason, the proposal adds a new procedure that would complement Article 7. It would enable the cutting of EU funds and even the removal of voting rights for new member states that begin to act in breach of the rule of law, the Union’s values and the principle of sincere cooperation.

The Commission considers the way Hungary has handled the Ukraine issue as the clearest example. Budapest agreed to give Ukraine candidate-country status, but then blocked the process.

“When we agree on an objective, we must all work towards that objective,” Kos continued.

The procedure could be used for a period of 15 years after accession and would be activated in the event of serious violations affecting the functioning of the European Union. The consequences would be proportionate, while suspension of voting rights would be reserved for the most serious violations.

The procedure could be initiated by the European Commission or by several member states, with a decision then to be taken by the Council. The proposal does not specify which decision-making process should be used, leaving that question to the member states.

Safeguards are not a novelty. Previous accession treaties have included them, particularly for serious shortcomings in implementing EU rules on the internal market, justice and the economy.

The Commission wants these traditional safeguards to remain in force for a longer period than the three years previously envisaged, but does not specify how long that period will be in concrete terms.

Referring again to the experience of Viktor Orbán’s government, the EU executive wants future accession treaties to include a declaration through which the new member state undertakes not to use unanimity in the enlargement process for bilateral issues.

The most recent example is Bulgaria, which continues to block North Macedonia’s accession process because of unresolved bilateral issues, particularly Sofia’s demand for constitutional changes.

Some of the proposals included in this package, especially those linked to internal reforms, will require the approval of the member states. However, the Commission aims to include the safeguards in the EU’s common position on the final chapter of the negotiations with Montenegro, at the beginning of November.