The Mechanics of Accession
The accession negotiations consist essentially in adapting the candidate country’s (in this case, Turkey’s) legislation and practices to the EU’s. But politics also play a role, including on a number of sensitive issues, such as Cyprus.
The criteria for membership
The formal criteria for membership – the so-called “Copenhagen criteria”- were set in principle at a European Summit in 1993. Candidate countries are required to:
- Fully adapt their legislation to EU law.
- Respect a set of “political” criteria which are considered fundamental: a fully functional democracy, respect for human rights and good neighbourly relations.
- The European Union remains first and foremost an economic system, so the economy of new member states must also be sufficiently sound to be integrated into the European Union.
It has not always been easy to translate these principles into clear criteria. “Political” criteria in particular do not always relate to European law, which is virtually non-existent in this field: the European Union does not regulate democratic practice, respect for human rights, or the foreign policy of EU Member States. So these criteria were often defined using others sources of international law, or legal principles common to Member States. But even in those fields where EU legislation or policy does exist there can be room for interpretation. The precedents established in the 1990s in the course of the previous wave of accessions is particularly important in this regard.
The accession negotiations
The negotiations themselves are a confidential process. They start with a screening, carried out jointly by the European Union and Turkey, of the country’s legislation and practice, in the light of the EU’s requirements. The steps required to ensure compliance are then analysed in detail in a series of reports submitted by the European Commission to the EU Council of Ministers. The Council of Ministers, finally, decides to open the negotiations themselves; it can however include benchmarks to be fulfilled before the start of negotiations.
Negotiations are then carried out between diplomats and senior civil servants- 25 Member States plus one candidate country- on each of 33 chapters covering the whole rage of accession criteria, chapter by chapter. Once agreement is reached, a chapter is then closed; and once the 33 chapters are closed, negotiations come to an end. An accession treaty is then drafted, and is adopted and ratified by all Member States, by the candidate country and by the European Parliament.
Political monitoring
In addition to negotiations proper, the EU institutions monitor progress in Turkey through an annual monitoring cycle. In the autumn, the European Commission publishes a report on the situation in Turkey and formulates recommendations to the Council of Ministers. The Council of Ministers then adopts its own position. The European Parliament also votes a text, and attempts to influence discussions in the other two institutions, but its own role is rather limited in a procedure where the Council of Ministers, the Turkish government and the European Commission are the main players.
The main EU institutions.
The EU Commission is the executive. It prepares all reports and decisions. It is led by 25 Member States, one per Member State, and draws its power from its right of initiative as well from the number of its employees (about 25 000 civil servants) and from its budgetary resources. The Commission is however required to abide by the Council’s decisions once they have been taken.
Who follows Turkey’s accession negociations? Olli Rehn, Finnish Commissioner.
The Council of Ministers is composed of the 25 Member States. The Council is the ultimate decisions-making body of the European Union. Major decisions are made by the European Council, composed of European Heads of State or Heads of Government.
Who is in charge of the accession process? The 25 Foreign Ministers and, in their absence, their Permanent Representatives in Brussels. The Council’s Presidency rotates every six months.
The European parliament. With 732 Members, from all Member States. In the context of the accession process, its formal role is restricted to ratifying the accession treaty
Who follows the accession process? The Member charged with drafting the report, currently Dutchman Camiel Eurlings. The President of the parliamentary delegation for Turkey, Joost Lagendijk, is also particularly relevant.
