EU Enlargement and the Failure of Conditionality

EU Enlargement and the Failure of Conditionality
Author: Dimitry Kochenov
Publisher: Kluwer Law International B.V.
Total Pages: 402
Release: 2008-01-01
Genre: Law
ISBN: 9041126961

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

The Europeanisation of the Western Balkans

The Europeanisation of the Western Balkans
Author: Jelena Džankić
Publisher: Springer
Total Pages: 262
Release: 2018-09-21
Genre: Political Science
ISBN: 331991412X

This volume casts a fresh look on how the political spaces of the Western Balkan states (Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Kosovo, Macedonia and Albania) are shaped, governed and transformed during the EU accession process. The contributors argue that EU conditionality in the Western Balkans does not work ‘effectively’ in terms of social change because rule transfer remains a ‘contested’ business, due to veto-players on the ground and strong legacies of the past. The volume examines specific policy areas, salient in the enlargement process and to a different degree incorporated in the accession criteria, as well as EU foreign policy in the spheres of post-conflict stabilisation, democratization and the rule of law promotion.

European Union Enlargement Conditionality

European Union Enlargement Conditionality
Author: Eli Gateva
Publisher: Springer
Total Pages: 267
Release: 2016-04-29
Genre: Political Science
ISBN: 1137482435

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.

Enlargement of the European Union

Enlargement of the European Union
Author: Allan F. Tatham
Publisher: Kluwer Law International B.V.
Total Pages: 594
Release: 2009-01-01
Genre: Political Science
ISBN: 9041124632

The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity - defined in terms of such factors as culture, history and economics - has supplanted the long-dominant theme of 'widening and deepening, ' particularly since the Union's expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the 'identity' conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between 'widening' and 'deepening' and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author's conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to 'deliver the goods.' A watershed in the continuing great debate on the fulfilment of the EC Treaty's determination to foster and promote 'an ever closer union of the peoples of Europe, ' this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.

Political Conditionality

Political Conditionality
Author: Georg Sorensen
Publisher: Routledge
Total Pages: 141
Release: 2013-11-05
Genre: Business & Economics
ISBN: 1135200904

Political conditionality involves the linking of development aid to certain standards of observance of human rights and (liberal) democracy in recipient countries. Although this may seem to be an innocent policy, it has the potential to bring about a dramatic change in the basic principles of the international system: putting human rights first means putting respect for individuals and rights before respect for the sovereignty of states.

The Enlargement of the European Union

The Enlargement of the European Union
Author: Académie de droit européen (Firenze)
Publisher: Oxford University Press on Demand
Total Pages: 260
Release: 2003
Genre: Language Arts & Disciplines
ISBN: 9780199260935

This collection of essays reflects on the fifth enlargement of the European Union, projected to take place in 2004. It examines the process of enlargement, its impact on both the candidate States and on the institutions and policies of the European Union. In so doing, it discusses these issues from a variety of perspectives - legal, economic and political - reflecting the different dimensions of the enlargement project.

European Union Enlargement and Integration Capacity

European Union Enlargement and Integration Capacity
Author: Tanja Börzel
Publisher: Routledge
Total Pages: 282
Release: 2017-10-24
Genre: Political Science
ISBN: 1351377671

The effects of the Eastern enlargement, the biggest so far, are still felt across the European Union (EU). Many warned the EU was about to overreach the limits of its integration capacity. More than a decade later, this book presents a broad-based and systematic evaluation of the 2004–2007’s enlargement and its impact on the EU. In contrast to widespread scepticism, our results show that the EU’s integration capacity has been strong. Credible accession conditionality and pre-accession assistance have had a positive impact on democracy, governance capacity, and economic transformation, at least before accession. After accession, EU institutions have proven resilient. Eastern enlargement has not affected negatively the legislative capacity of the EU. It has not led to a deterioration of compliance and implementation of EU law either; initial differentiated integration has quickly returned to normal levels. This generally positive assessment stands in stark contrast with increasing public opposition to future EU enlargements. We identify some less known sources of such opposition: the lack of communication and political debate about enlargement between EU leaders and their citizens. Public opposition undermines the credibility of EU conditionality, which is crucial for having a positive impact on neighbouring countries in the future. The chapters in this book originally appeared in a special issue in the Journal of European Public Policy.