The European Union has begun discussions on new safeguards for countries that join the bloc in the future. The proposals include a probationary period of up to 15 years and the possibility of suspending voting rights for states that seriously violate the EU’s fundamental values.
Montenegro, currently considered the frontrunner in the EU enlargement process, is expected to be the first country subject to these new rules, Telegrafi reports.
The European Commission has proposed the measures as part of a broader strategy to prepare the EU for future enlargement. Member states’ ambassadors have discussed the draft legal provisions for the first time, while Montenegro is expected to have them incorporated into its accession treaty.
A guidance document circulated ahead of the meeting states that the Council of the EU should establish its positions and provide preliminary guidance on implementing the measures, ensuring that they are proportionate, have clearly defined triggers and specify the periods during which they apply.
According to Euronews, which obtained the text proposed by the Commission, member states are divided over how these mechanisms should operate. The group known as the “Friends of the Western Balkans,” which includes Italy and Austria, has warned that excessively strict measures could hinder enlargement. Meanwhile, countries such as the Netherlands and France are seeking stronger guarantees for respect for the rule of law.
Work on the final wording will continue at the technical level, with another discussion among ambassadors expected in November.
One of the most significant proposals is an institutional safeguard clause that would allow the EU to take action against new members in cases of serious violations of fundamental values or the principle of sincere cooperation. In the most serious cases, measures could include suspending voting rights.
The debate has focused particularly on the length of the probationary period and the Commission’s proposal for a 15-year timeframe. Member states have yet to agree on whether such a period would be appropriate.
Under the draft, a new member state would have at least two weeks to submit its observations after the clause is triggered. However, the provision would apply only after accession, although the clause could be activated under certain circumstances before the country formally joins the EU.
The proposal has also raised concerns about the powers of the European Commission. Under the proposed mechanism, a decision put forward by the Commission would be adopted within two weeks unless a qualified majority of member states rejected or amended it.
Ambassadors have also requested clarification on the types of measures that could be imposed and how the new clause would be coordinated with Article 7 of the EU Treaty, which provides for action in cases of serious breaches of European values.
The Commission has also proposed a general monitoring mechanism covering the period between the signing of an accession treaty and a country’s actual entry into the EU. It would include regular reports, assessments by member states and warning letters when problems are identified. The frequency and specific subjects of the reports have yet to be determined.
As a last resort, the Commission proposes the possibility of postponing accession when there is clear evidence that a candidate country will fail to meet the required criteria on time.
A similar provision was included in the accession treaties of Romania and Bulgaria, where a postponement decision generally required unanimity.
For future cases, the decision-making process remains open. However, the document preliminarily suggests that postponement could be approved by a qualified majority on the basis of a Commission recommendation. The period of postponement that would be considered proportionate has not yet been determined.
In addition to these measures, the Commission has proposed that member states commit not to block enlargement decisions because of bilateral disputes with candidate countries — an issue that has repeatedly affected the integration process of Western Balkan countries.
On this matter, the Commission envisages a declaration to be attached to the accession treaty rather than including it in the main legal provisions.
The draft text also contains measures on judicial cooperation that would allow certain decisions or provisions affecting other member states to be temporarily suspended in cases of serious violations, without interrupting broader judicial cooperation.
For accession to the Schengen Area, additional conditions are proposed concerning the rule of law, the fight against corruption and organized crime, and the functioning of the justice system.
The text also includes safeguards against serious economic difficulties and violations of internal market rules, similar to those included in Croatia’s accession treaty. Croatia was the most recent country to join the EU.
However, the Commission proposes that the period during which these measures can be activated should be longer than the three-year timeframe provided for Croatia. The new duration has not yet been determined, and member states would be able to extend it further by a qualified majority.
