Development of EU accessing requirements for member states

https://doi.org/10.63189/EUHI2386

Introduction

This blog study focuses on EU membership criteria and their historical development and changes. If we start from the assumption that EU integration develops over the years, then the requirements for Member States must also develop, as the EU is constantly expanding. The EU development happends regardless of whether it is a so-called quantitative expansion (expansion of EU’S membership bases) or it is a so-called qualitative expansion (expansion of the Union's powers, increasing the legitimacy of Union power, deepening the effects of the norms of European law, etc.).^[1] As such, the chapter will try to answer the question of how the substantial requirements for EU membership were developing.

Historical development up to present times

The first stage is related to the 1950’s and the initial stages of the European Communities, the precursor to the EU. The focus was on economic cooperation among Member States, especially in heavy industry, coal, and steel sectors. And so, accession criteria at this time were more pragmatic, emphasising political stability and economic compatibility of applicant states.

The development of accession criteria for the European Union (then the European Communities) between 1960 and 1990 was shaped by political, economic, and institutional changes in Europe. During this period, the criteria evolved gradually as the European Communities expanded and refined their legal and institutional framework. The first enlargement occurred in 1973, with the accession of the United Kingdom, Denmark, and Ireland. Accession criteria were not formally codified, but key requirements included political stability and a democratic régime, economic compatibility with the Member States (including a functioning market economy), and willingness to adopt the acquis communautaire.^[2]

After nearly 10 years, Greece became the first country to enter after the fall of an authoritarian regime. The primary accession requirement was the establishment of a stable democratic regime and respect for fundamental human rights, and economic requirements focused on a country’s ability to adapt to the common market. After the fall of authoritarian regimes in Spain and Portugal, both countries joined the European Communities in 1986. Key accession requirements included demonstration of long-term political stability and adherence to democratic values, implementation of economic reforms to integrate into the common market, and, of course, alignment of national legislation with European law. To summarise it, between 1960 and 1990, the accession criteria for the European Communities evolved from informal requirements, such as political stability and economic compatibility, to a more structured approach emphasising democratic values, human rights, and the rule of law. However, formal codification of these criteria only occurred after 1990, in preparation for the inclusion of post-communist states in Central and Eastern Europe. In 1989, following the fall of the Berlin Wall, the European Communities began preparing for the potential enlargement of the EU.^[3]

Towards higher formalization of Accession criteria—Copenhagen Criteria and its development

Primary law defines the basic criterion for membership, which is European identity. Article 49 TEU outlines in a broader context the procedure for applying for membership of the Union. The TEU also defines the general political principles that current and future EU members should respect. However, a distinction must be made between the formal criteria for membership, which are set out in primary law and are rather general, and the more detailed requirements that candidate countries must meet. These were agreed during the Copenhagen criteria, set at the European Council summit in Copenhagen in June 1993, determine the conditions that a candidate country must meet in order to become a member of the European Union.

At the European Council summit in Copenhagen in 1993, three main criteria,^[4] the so called Copenhagen criteria, for EU membership were established: political criterion, i.e. stable institutions guaranteeing democracy, the rule of law, human rights, and the protection of minorities. Economic criterion, i.e. a functioning market economy capable of withstanding competitive pressures within the EU. Acceptance of EU acquis, i.e. adoption and effective implementation of the EU's legal framework and a commitment to align with EU principles in areas like environmental protection, competition policy, food safety, etc.^[5] Since their introduction in 1993, the EU's accession criteria have been refined to address new challenges, such as enlargement in the Western Balkans, migration issues, and climate change. The primary goal remains to ensure that new Member States not only adopt the EU's values but also actively contribute to its continued development.^[6]

The criteria have gradually evolved and been refined since their inception, particularly in light of the development of the EU, accession negotiations, and new challenges in the context of European integration. Below is an overview of their development:

The Treaty of Amsterdam^[7] emphasised the importance of political criteria, in particular the protection of human rights, legal stability, and democracy. Since 1998, the Commission has been issuing annual progress reports on the candidate countries. These reports have made the criteria more specific and set measurable indicators, such as the efficiency of the judicial system or the independence of the media. In addition, during the accession negotiations, the Copenhagen criteria have been adapted to the specific needs and challenges of individual candidate countries. One example is the introduction of specific programmes aimed at the economic and institutional preparation of candidate countries (especially those in Central and Eastern Europe) to meet the criteria. For Bulgaria and Romania, the accession criteria were tightened, especially in the area of the judiciary and corruption. Monitoring mechanisms were also introduced after these countries joined the EU. The Lisbon Treaty^[8] brought greater emphasis on the fundamental values of the EU (art. 2 TEU), which are implicitly linked to the political Copenhagen criteria.

The rule of law criterion was extended to include mechanisms such as the protection of fundamental rights, the sound management of public finances, and the independence of institutions. During the negotiations with the Western Balkan countries, a stronger emphasis has been placed on the rule of law and the fight against corruption and organised crime. Specific indicators have been introduced, for example, in the Commission's evaluation reports on the independence of the judiciary, the protection of minorities (e.g., the Roma minority), and freedom of the media.^[9] Pre-accession dialogue as a "new approach" was introduced for Montenegro and Serbia, placing greater emphasis on political reforms and resolving bilateral disputes.^[10]

Even after 2020, the access criteria are facing new challenges. Following the Russian invasion of Ukraine in 2022, the EU granted candidate status to Ukraine, Georgia, and Moldova. The emphasis was on reforms in the areas of corruption, the judiciary, and democratic institutions. Newly included in the Copenhagen criteria is alignment with the EU's climate goals and the implementation of environmental reforms. Current accession negotiations include a strong emphasis on border control, asylum policy, and the fight against organised crime.^[11]

The evolution of the criteria shows that the EU has gradually increased its requirements to ensure stability, effective governance, and long-term sustainability in the new Member States.

^[1] Stehlík, V, Hamuľák, O., Petr, M. (2017) 'Právo evropské unie: Ústavní základy a vnitřní trh'. 1st edn. Olomouc: Leges.

^[2] Urwin, D. (1995) 'The Community of Europe: A History of European Integration Since 1945.' Routledge.

^[3] Dinan, D. (2004) 'Europe Recast: A History of European Union'. 2^nd edition. Lynne Rienner Publishers.

^[4] In 1993, the Copenhagen criteria were the result of a compromise, for example France proposed a more detailed list of criteria which in the end did not appear in the final communiqué. The French list' of admission criteria included the following: (a) a measure of economic development (in terms of GDP/capita), (b) a measure of market economy (in terms of privately held assets), (c) quantifiable level of social protection, (d) control over public debt and inflation, (g) open economy, (h) modern fiscal system and (i) administrative capacity to implement EU law.

^[5] In addition, a fourth aspect was also mentioned, which rather reflects the readiness of the EU itself: the Union's ability to accept new members without disrupting its integration and policies.

^[6] Stehlík, V, Hamuľák, O., Petr, M. (2017) 'Právo evropské unie: Ústavní základy a vnitřní trh'. 1st edn. Olomouc: Leges.

^[7] Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts. OJ C 340, 10.11.1997, p. 1–144.

^[8] Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007. OJ C 306, 17.12.2007, p. 1–271.

^[9] See: Report on the Commission’s 2023 Rule of Law report. 2023/2113(INI. [Online]. Available at: https://oeil.secure.europarl.europa.eu/oeil/en/procedure-file?reference=2023/2113(INI) (Accessed: 21 April 2025).

^[10] EC (2021) 'Enlargement: new enlargement methodology will be applied to Montenegro and Serbia'. 11 May 2021. [Online]. Available at: https://neighbourhood-enlargement.ec.europa.eu/news/enlargement-new-enlargement-methodology-will-be-applied-montenegro-and-serbia-2021-05-11_en (Accessed: 22 April 2025).

^[11] EP (2023) ' Enlargement policy: Reforms and challenges ahead'. [Online]. Available at: https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/757575/EPRS_BRI(2023)757575_EN.pdf(Accessed: 22 April 2025).