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The European Commission will propose a radical rethinking of the decision-making mechanism in the EU in order to bypass national veto rights and introduce new guarantees for the upholding of the rule of law. This is what the publication Rapporteur reports.
It is noted that this is taking place ahead of possible expansion of the union and the inclusion of new members such as Montenegro and Albania.
Next week, Ursula von der Leyen will present a plan for a large-scale reform of the EU's internal functioning—the biggest in recent decades. This plan, which does not require amendments to the Lisbon Treaty, is intended to prepare the Union for enlargement to more than 30 member states.
In two internal draft documents on the expansion strategy, long-delayed, there is a proposal to use so-called passerelle clauses. This would allow moving away from the requirement of unanimity among 27 member countries at many intermediate stages of considering candidate applications to join the EU.
In one of the documents that will underlie the plan of the head of the European Commission, it is noted that the EU should be less dependent on the necessity to achieve full consensus:
"Consensus strengthens a sense of participation and democratic legitimacy. However, it can also delay—or even block—timely decisions in areas where the Union needs to act urgently."
Importantly, this measure—which, ironically, would also require unanimous approval by all EU countries—could significantly speed up the processing of applications from countries such as Ukraine, Montenegro, and North Macedonia, whose accession process is currently hampered by the actions of a small number of member states.
It is likely the initiative will face opposition from current EU members who fear losing their veto rights, although the draft foresees an "emergency brake" mechanism: a government could use it if it believes its "vital national interests" are at stake.
The European Commission proposes applying the qualified majority voting procedure (which requires support from 15 countries representing two-thirds of the bloc's population) to a broader range of issues, including sanctions, human rights, defense and security, and the fight against tax evasion.
"As the Union expands, the risk of delays or blockages in decisions will inevitably grow," notes an internal document.
In this regard, the European Commission intends to "present a program of action for applying passerelle clauses."
"Passerelle clauses" are EU treaty mechanisms that allow, on a permanent basis, changing voting rules in specific policy areas: moving from the principle of unanimity (under which each country has a right of national veto) to qualified majority voting.
Expected opposition
It is noted that although there are no signs that the EU will abandon the requirement of unanimity at the initial and final stages of a candidate country's accession process, radical reform of the EU decision-making mechanism will inevitably face obstacles.
Another controversial proposal provides that after enlargement, only two-thirds of the countries in the Union would have the right to nominate a European Commissioner.
In the current EU, which consists of 27 states, nine countries would have to refrain from sending their representative to Brussels.
It is expected this will provoke discontent among small member states, which traditionally argue that their influence in Brussels diminishes as the union expands.
New protective mechanisms
According to the documents, new members could be placed in a "probationary period" lasting ten years or more, during which they would be under close supervision from Brussels.
Measures of influence during this period could include suspending the right to vote in the Council of the EU and financial sanctions within new "financial" and "institutional" protective mechanisms. The article notes:
"New members will be required to sign a legally binding temporary commitment not to block decisions agreed by other EU countries. Standard temporary protective measures related to participation in key policy areas of the EU—ranging from justice and home affairs to agriculture—will also be preserved."
Importantly, a time-limited financial protective mechanism would also apply to new countries, allowing the Commission to apply sanctions to new members if they backslide on democratic and legal standards.
In addition, prior to joining the EU, new members will be obliged to join the European Public Prosecutor’s Office, which handles investigations into cases of misusing EU funds.
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