Brussels, 20 September 2023 (MIA) - Before the next enlargement, the EU should transfer all remaining policy decisions from unanimity to qualified majority voting (QMV), implement a set of reforms at multiple levels, and commit to setting the goal to be ready for enlargement by 2030, recommends a Franco-German working group on EU institutional reform.

  

After several months of deliberation, 'The Group of Twelve', convened by the French and German governments, has submitted a report entitled "Sailing on High Seas: Reforming and Enlarging the EU for the 21st Century".  

 

The group of experts recommends that validating each negotiation chapter should be
moved to QMV to streamline the enlargement process, but the final ratification of an
accession treaty would remain under unanimity.  

 

"The European Union (EU) faces a critical juncture marked by geopolitical shifts,
transnational crises, and internal complexities. For geopolitical reasons, EU enlargement is
high on the political agenda, but the EU is not ready yet to welcome new members, neither
institutionally nor policy wise," reads the report. 

 

Germany's Minister of State for Europe and Climate, Anna Lührmann, said Tuesday the report is within efforts for parallel implementation of EU reform and enlargement processes.

 

 

"EU enlargement and EU reforms must go hand in hand," Lührmann said. 

 

She noted she would prefer to avoid changes to the Treaty on the Functioning of the European Union if possible, as the process could take years and is unpopular with "many EU leaders". 

 

According to her, changes in some areas are possible without changing the Treaty, such as for example switching from unanimity voting to qualified majority voting. 

 

The report discusses how to manage the EU enlargement process, noting that it has already been restructured, with negotiations organised into six clusters and the possibility for candidate countries to phase into specific EU policies and programmes. 

 

"To regain credibility, the EU should set the goal to be ready for enlargement by 2030 and accession candidates should work to fulfil the criteria to accede to the EU on this earliest entry date. This mutual commitment would increase trust in the accession process that has been undermined by a lack of commitment and progress over the past few years. It makes clear that there is no free entry into the EU and that the timeframe is an objective rather than a set date," reads the report. 

 

 

According to the experts, the new political leadership after the European elections in 2024 should fully commit to this goal and the reform process required to reach it. 

 

"A joint summit with the political leadership of all candidate countries could also add to a renewed sense of dynamism," the report adds. 

 

The experts note that it is unclear whether there will be a second Big Bang enlargement, with many candidates joining ‘en bloc’, or a ‘regatta’, with different accession dates for different candidates.  

 

"Both options have their pros and cons. The ‘en bloc’ option expects the candidate countries to motivate and support each other’s reform process. But it conflicts with the merit-based approach that makes each candidate the pacemaker of its own accession." 

 

The experts point out this means that either the more advanced need to wait for the latecomers, or that they define the speed of accession, which implies the admission of countries that are not yet ready to join.

 

 

"A ‘regatta’ approach would better comply with the merit-based principle. However, it would allow Member States, including newcomers, to block the accession of some countries due to bilateral conflicts. This risk could be mitigated by clauses in their accession treaties on a transitory period that takes away their right to vote on future enlargements for a jointly agreed timeframe. Also, accession could be considered only after conflicts between
candidate countries are resolved," adds the report. 

 

In view of these considerations, the experts note, the second recommendation is to break down the accession rounds into smaller groups of countries (a ‘regatta’) in full compliance with the merit-based approach and in consideration of potential bilateral conflicts.  

 

The experts take note of the EUCO having invited ‘the European Council, the Commission, the High Representative and the Council to further advance the gradual integration between the European Union and the region already during the enlargement process itself in a reversible and meritbased manner. They further note that given the focus of their mandate, the report does not discuss concepts of ‘accelerated’, ‘gradual’ or ‘staged’ accession in greater detail or develop another concept or other conclusions to be drawn from previous enlargement experiences. 

 

The Group recommends nine principles that should guide future enlargement strategies and their connection to EU reform, including 'fundamentals first' principle, 'geopolitical' principle, 'conflict resolution' principle, 'additional technical and financial support' principle, 'democratic legitimacy' principle and participation, 'equality' principle, 'systematisation' principle, 'reversibility' principle, and the 'QMV' principle.  

 

Recognising the complexity of aligning diverse Member States' visions for the EU, the
experts recommend a flexible EU reform and enlargement process. The report highlights the need for immediate action to improve the EU's functionality, proposing a list of initial steps before the next European elections in June 2024.   

 

 

"More substantial reforms – including preparations for treaty revisions – should be implemented during the new legislative term (2024 to 2029)," the report points out. 

 

The report’s recommendations are aimed at achieving three goals: increasing the EU’s capacity to act, getting the EU enlargement ready, and strengthening the rule of law and the EU’s democratic legitimacy. The report is structured into three main sections, dealing with the rule of law, institutional reforms, and the process to reform, deepen and enlarge the EU.

 

"The rule of law is a non-negotiable constitutional principle for the EU’s functioning and a precondition for joining the EU," the report underlines.  

 

The experts stress that the EU cannot function without reciprocity, mutual trust and without all its members adhering to its principles. The report makes several recommendations to strengthen the EU's ability to protect and bolster the rule of law - strengthening budgetary conditionality, and refining Article 7 TEU via a treaty revision.  

 

In terms of instiotutional changes, the report addresses five key areas, though the experts acknowledge other subjects in the debate on the future of the Union. 

 

 

The report notes that the EU's current institutions lack agility and are penalised by complexity and an abundance of players. The report suggests the report suggests that the number of MEPs should not be increased beyond the current 751, and a new system to allocate seats, as well as modifying the ’trio’ system for the rotating presidency of the Council of the EU in favour of ‘quintets’ and either reducing the size of the Commission's College to two-thirds of Member States or developing a hierarchical model.

 

The document further highlights the need to reform the decision-making processes within the Council.  

 

"Before the next enlargement, all remaining policy decisions should be transferred from
unanimity to QMV. Additionally, except for in foreign, security and defence policy, this should be accompanied by full co-decision with the EP (through the OLP) to ensure appropriate democratic legitimacy," the experts say. 

 

If this is not possible, the report suggests mainstreaming QMV via three packages grouped by policy areas to allow for a fair balance of concessions between individual Member States. 

 

To make QMV more acceptable, the authors of the report make three further recommendations: the creation of a ‘sovereignty safety net’ allowing Member States to voice their vital national interests in QMV decisions; a rebalance of voting shares, to address the concerns of smaller to medium-sized Member States; and an opt-out mechanism. 

 

 

The report underscores the significance of democratic legitimacy in EU decision-making
and proposes four sets of measures to bolster it.

 

The experts first recommend the harmonisation of electoral laws across Member States for EP elections. It then discusses the ‘lead candidate’ procedure for the appointment of the Commission President and advocates for a political agreement between the EP and the European Council to prevent conflict. Third, it recommends closer ties between existing participatory instruments and EU decisionmaking and to use them to prepare for enlargement by involving citizens and stakeholders from candidate countries.  

 

"Finally, the report stresses the importance of probity, transparency, and anti-corruption measures within EU institutions and suggests the establishment of a dedicated new independent office equipped with large competences and the means to undertake them," adds the document.

 

The report discusses several key aspects related to the powers and competences of the EU. It recommends clarifying EU competences, strengthening provisions for addressing unforeseen developments and better involving the EP.  

 

It proposes the creation of a 'Joint Chamber of the Highest Courts and Tribunals of the EU' to enhance judicial dialogue without binding decisions. 

 

 

"To address the challenges of reforming EU policies and distribution of funding in the context of enlargement and to equip the EU with the financial means to react quickly to emerging crises, the report recommends increasing the EU budget in size and relation to GDP and to make it more flexible. This includes creating new own resources, moving towards QMV for spending, and enabling common EU debt issuance in the future." 

 

According to the experts, if no agreement for Treaty change is reached, differentiation could lead to four tiers of European integration, made of an inner circle (deep integration in areas like the eurozone and Schengen), the EU itself, a larger circle of Associate Members, involving participation in the single market and adherence to common principles, and finally the European Political Community (EPC), as an outer tier for political cooperation without having to be bound to EU law. 

 

The report on EU reforms was presented to member states at the margins of the General Affairs Council on Tuesday in Brussels. 

 

The Group of Twelve - the authors of the report include Olivier Costa, Daniela Schwarzer, Pervenche Berès, Gilles Gressani, Gaëlle Marti, Franz Mayer, Thu Nguyen, Nicolai von Ondarza, Sophia Russack, Funda Tekin, Shahin Vallée and Christine Verger.  

 

Rapporteur Olivier Costa told Politico on Tuesday "the last 30 years of history shows that those skeptical about the prospects of major EU reforms are always proven wrong". 

 

Photo: MIA archive