Logic of European Integration

8/12/2019 Logic of European Integration

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The Logic of the Legal

European Integration


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The Logic of the Legal European Integration

In the pre-negotiationphase

During the negotiationprocess

During the preparation and signingofthe Accession Treaty

Under membershipconditions


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In the pre-negotiation phase 1

The candidate countryshould perform intensework in the field of legal European integrationduring the preparatory phase, mostly in the

framework of the so-called bilateral andmultilateral analyticalreview of the legislation.

The purpose of the analytical review is to

establish the state of affairsand identify issuesfrom the perspective of adopting the acquiscommunautaire.


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In this phase, the country gets acquainted withthe relevant acquis under each negotiationchapterand with the tools, methods, techniquesand actsused by the EU.

The candidate country creates the institutionalstructure for the dialogue with the EU.

The other negotiating side, the EU member

states through the European Commission, candemand additional informationon every matterof interest within the set negotiation subjects.


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. Communication and relationshipsbetweenthe experts of the applicantcountriesand the European Commission's

expert team are initiated. There is active information exchange to

clarify specific details of the Communityacquisand the necessary administrativecapacity for its implementation.


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Based on the identified acquis

communautairein the respective chapter,

Romania and Bulgaria has undertaken a

reform of the normative arrangementseven before the official invitationfor

membership.


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Accession criteria

(Copenhagen criteria)

Any country seeking membership of the European Union (EU) mustconform to the conditions set out by Article 49 and the principles laid downin Article 6(1) of the Treaty on European Union.

Relevant criteria were established by the Copenhagen European Council in1993 and strengthened by the Madrid European Councilin 1995.

To join the EU, a new Member State must meet three criteria:

political:stability of institutions guaranteeing democracy, the rule of law,human rights and respect for and protection of minorities;

economic: existence of a functioning market economy and the capacity tocope with competitive pressure and market forces within the Union;

acceptance of the Community acquis: ability to take on the obligations ofmembership, including adherence to the aims of political, economic andmonetary union.

For the European Council to decide to open negotiations, the politicalcriterion must be satisfied.

Any country that wishes to join the Union must meet the accession criteria.

The pre-accession strategy and accession negotiations provide thenecessary framework and instruments.


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Accession negotiations

Accession negotiationsare vital for monitoring andhelping candidate countries to prepare for accession and

for assessing how ready they are.Each country isjudged on its own merits from the point of view of

compliance with the accession criteria. Negotiations help candidate countriesto prepare to fulfill

the obligations of European Union membership.

They also allow the Union to prepareitself forenlargement in terms of

absorption capacity.


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Accession negotiations 1

Negotiations relate to the adoption and implementation of the

Community acquis, which is monitored by the Commission.

The acquisis divided into chapters, and there are as many chapters asareas in which progress must be made.

These areas are identified by screening theacquis.

The Technical Assistance and Information Exchange programme (TAIEX)

plays a part here.

Each chapter is negotiated individually, and measurable reference criteriaare defined for the opening andclosing of each chapter.


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Accession negotiations 2

Negotiations relate to the adoption and implementation of theCommunity acquis,which is monitored by the Commission.

The acquisis divided into chapters, and there are as many chaptersas areas in which progress must be made.

These areas are identified by screening theacquis.

The Technical Assistance and Information Exchange programme(TAIEX) plays a part here.

Each chapter is negotiated individually, and measurable referencecriteria are defined for the opening andclosing of each chapter.


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Accession partnership

Accession partnerships are a pre-accession strategyinstrument which determines the candidate countries'particular needs on which pre-accession assistance

should be targeted and provides a framework for:

the short and medium-term priorities, objectives andconditions determined for each candidate country on thebasis of the accession criteria (Copenhagen criteria) inaccordance with the Commission's opinion on itsmembership application;

pre-accession assistance.


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Accession Partnership1

An accession partnership is established for eachcandidate country to provideguidance andencouragement during preparations for membership.

To this end, each candidate country draws up a National

Programme for the Adoption of the Acquis (NPAA),which sets out a timetable for putting the partnership intoeffect.

Each candidate country also draws up an action plan forstrengthening its administrative and judicial capacities.

The accession partnership may also be revisedin thelight of new developments, especially any new prioritiesidentified during the pre-accession process.


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During the negotiation process

After having received an invitation to begin

negotiations,the team of the acceding country

prepares its position on each negotiation chapter

and negotiates based on its positions. The positions are concise, mostly covering:

The readiness of applicant country to adopt and

apply the Community law;

Exceptionsfrom the requirements of the acquis

communautaire or transitional periods;


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During the negotiation process 2

The level of concordance between the national

and the Community legislation.

In the cases of partial concordance the country

shall outline its commitments(measures andtimeframe) to achieve full correspondence;

The status and readinessof the administrative

capacityto apply the Community law in view ofits functioning in full concordance to the date of

accessionto the EU.


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In its negotiation position the candidate country

makes an explicit commitment that in the case of

newly adopted EU legal acts, it shall assume the

possibility of additional negotiations before thecompletion of the Intergovernmental Conference.

The draftjoint position of the EU member states,

which is the basis of negotiations on behalf of theUnion, is prepared by the European Commission.


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Based on the conclusion that thecandidate country has adopted theacquis communautaire on a specific

chapterand manages its applicationto a satisfactory extent for the EU, anagreement will be reached for the so-called provisional (preliminary)

conclusion of the negotiations on thissubject("closing of the chapter").


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All circumstances relevant to the effectiveintegration are monitored,for example

possible bilateral and multilateral

agreements including provisions that arecontradictory to

the acquis communautaire.


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The provisional closing of a chapteris

deemed (considered) to be a success for the

candidate country in the complex setting of

the negotiation process with all the EUmember states, to which the

European Commission is added as a

significant factor in the formulation of thecommon position of the Union.


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The closure is provisionalbecause

the negotiations may be renewedatthe request of any of the participants.


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The monitoringof the accession country's

progress does not cease with the provisional

closingof a negotiation chapter.

The regular annual reportsof the EuropeanCommission during the preparation and signing

of the Accession Treaty.


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Technical conclusion of the negotiations and a

Safeguard clauseCommission is added as a

significant factor in the formulation of the

common position of the Union.

The closure is provisional becausethe

negotiations may be renewed at the request of

any of the participants.

.


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The monitoring of the accession country's

progress does not cease with the provisional

closing of a negotiation chapter.

The regular annual reportsof the EuropeanCommission (recently accompanied by a

strategic document containing a summary

assessment of the acceding countries) relate to

both the "active", and the provisionally closednegotiation chapters

During the preparation and


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During the preparation and

signing of the Accession Treaty

Technical conclusion of the negotiations and aSafeguard clause

In the Strategy Paper (2003), published togetherwith the regular reports for Bulgaria, Romaniaand Turkey, the Commission pointed out:

"In order for accession to take place in 2007, acommon Accession Treaty for Bulgaria andRomania should be signed at the latest towardsthe end of 2005, which would require that thenegotiations be finalized in due time before that".


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During the preparation and signing of the Accession Treaty

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Although the enlargement has been formallycarried out under conditions and criteria equal tothose applied to the ten countries of the eastern2004 enlargement, more rigorous control has

been exercised over the preparation formembership of Bulgaria and Romania(and overTurkey and Croatia).

In the opinion of the Commissionthis has beenthe interest of both the EU, and the candidatecountries.

Two reasons were pointed out for theintroduction of this tool:


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The Accession Treaty

In application of the principle "Nothing hasbeen agreed until everything is agreed"

after the completion of the negotiations adraft agreement is to be prepared,followed by another assessment of theachieved arrangements (the so-called

opening of all the negotiation chapters),and only then the Accession Treaty issigned.


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The Accession Treaty 2

TheAccession Treaty incorporates the

results from the negotiations on various

subjects(negotiation chapters) -

arrangements,transitional periods,technical conditionsetc.


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The Accession Treaty 3

There is no legal obstacle to prepare an

individual agreement for a given country(on the

contrary, a precedent exists - Greece, 1979).

There is also the reverse practice: signing a jointtreaty with countries, which have achieved

readiness at different moments.In any case the

preparation and signing of the Accession Treaty

is one of a series of key moments for theassessment of the level ofconcordance between

the national legislation and the acquis.


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Bulgaria and Romania had joint treaty:

signed in Luxembourg on

April 25, 2005


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Three Parts Treaty

The Treaty is composed of three parts:

1- Treaty in its proper sense.

2.Act of Accession containing the conditionsunder which the countries join the Union

where the safeguard clause belongs.

3. Annexes and protocols containing the

specific conditions, agreed separately (by

Bulgaria and Romania e.g.).


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Entering into force 1

After the signing of the Treaty, it has to beratified by the EU member states and the

membership candidate countries (in accordancewith their national legislation) and then it entersinto force on a set date (Romania and Bulgaria,January 1, 2007).

If there is even one EU member state, whichdoes not ratify the agreementwithin the settimeframe, it cannot enter into force.


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Entering into force 2

If a candidate countrydoes not ratify the

agreement, the accession is deemedeffective for the rest of the states. Such

precedent exists.

Norwayis a country, where two times(1972, 1995) the EU accession

referendums produced negative results.


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Approximation of Legislation

Approximation /Harmonization

The process of Harmonization of national legislation ofthe member of candidate states in accordance with the

Community acquis. Establishing of a common understanding for EU Acquis.

Harmonized, non-discriminatory implementationof EUacquis at national level.

Main aim of the approximation:establishment ofcommon conditions for the functioning of the internalmarkerand the harmonized implementation of the EU

Acquis at MSs level


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Under membership conditions

Approximation of legislation

The process of approximation of the legislationis not

completed with the country's EU accession. Just the opposite: although in a changing environment,

maintaining concordance between the national

legislation and the EC/EU legislation is of primary

importance in a membership situation. It is ensured and

monitored with various tools:


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Approximation of legislation 2

During the process of adopting secondary

legislation,terms for transposing the measuresto the respective national legislations will be

defined.The European Commission maintains a

public account (calendar) of the measures

subject to transposable, and the implementationof this responsibility by the individual EU states.


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Approximation of legislation 3

Some of the Directives provide for the

submission of regular reports on theimplementation of certain provisions.


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Apart from the timely and precise

transposal,

the EU member states have

responsibilities related to the effective

implementation of the Community law,

meaning the so-called direct effect.

This process also is closely monitoredbythe EU institutions.

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Logic of European Integration