Accession, withdrawal and amendment

Question 1

Accession - General

Answer 1

1. Article 49 TEU – The country must adhere to and respect the values laid down in Article 2 TEU
2. Copenhagen criterion:
   - Political (democracy, rule of law, HR)
   - Economic (to handle to market economy of the union and its market forces)
   - Legislative (to adopt the acquis communautaire, to take on and implement effectively the obligations of membership)

Question 2

Accession - Procedure

Answer 2

1st - Application is sent to the Council
2nd - EP and NP are notified
3rd - Council consults the Commission and obtains consent of the EP by majority of members
4th - The Council will decide unanimously

Question 3

Withdrawal

Answer 3

1st - MS must decide to withdraw in accordance with national constitutional law
2nd - The MS notifies the European Council
3rd - The negotiations will start:
- There is a 2 year time limit (after which hard Brexit or European Council can extend the deadline by unanimity)
- Must follow the principles of transparency and sincere cooperation

Question 4

Amendment - Ordinary procedure

Answer 4

To increase or reduce competences
1st - EP, Commission or MS proposes to the Council
2nd - Council sends proposal to European Council which notifies NPs
3rd(a) - If the EC (by simple majority) finds that the proposal is of enough importance, it creates a Convention (with Nat.P., MS, EP and Commission)
3rd(b) - If the EC finds that the proposal is not of enough importance, it does not need to create a Convention.
4th - The President of the Council convenes a conference of representatives of MS which will take a look at the proposal of the Convention
5th - MS ratifies the amendment(s) according to national law.

Question 5

Amendment - Simplified procedure

Answer 5

To amend Part Three or change QMV
1st - Initiated by MS, EP or Commission
2nd - Submitted to EC
3rd - The EC by unanimity decides (with the opinion of the EP and the Commission)
4th - MS ratify the amendment according to national law.