P1; CH2: EU Membership

Question 1

What article governs the accession procedure?

Answer 1

Art.49 TEU

Question 2

What are the requirements for accession? (3)

Answer 2

1) Applicant must be a state under international law
2) Applicant must be belong to the European continent
3) Applicant must respect and commit to promoting the values of the Union [SET OUT IN ART.2 TEU]

Question 3

What are the further criterion for accession that the COPENAGHEN EUROPEAN COUNCIL (1993) provided?

Answer 3

a) DEMOCRATIC STABILITY CRITERION:
there must be stable institutions to guarantee democracy, legality and respect of human rights
b) ECONOMIC CRITERION:
must be based on a market economy of competition
c) LEGAL CRITERION:
must respect the Acquis

Question 4

What’s the last requirement created by te MADRID EUROPEAN COUNCIL (1995)?

Answer 4

Applicant state must adapt legal/administrative structures to the ones of the EU legal framework

Question 5

Stages for Accession

Answer 5

1) Submission of the application TO THE COUNCIL (EP and MS Parliaments are informed)
2) Council consults the COMMISSION and receives the consent of the EP, then acts UNANIMOUSLY (=every state has VETO)
3) The Accession Agreement must be submitted and voted by all MS (National Parliaments are required to ratificate = have veto power)

• For now: candidate status is granted

4) Negotiations are open and the Acquis is divided in 35 chapters (Commission provides SCREENING + PERIODIC REPORTS in accordance with the Council)
5) When the chapters are approved, the draft accession agreement is made and reviews by CANDIDATE and COUNCIL (consultations with EP and COMMISSION)
6) Draft agreement is transmitted to every MS for ratification -> Applicant is a MEMBER STATE

Question 6

What article governs membership withdrawal?

Answer 6

Art.50 TFEU (Introduce by the Lisbon Reform)

Question 7

What cases of withdrawal do you know?

Answer 7

GREENLAND CASE: there was no clause so the Council just had to vote unanimously

BREXIT CASE: using the clause

Question 8

Stages for Withdrawal

Answer 8

1) Decision is to be notified to the Council, which provides guidelines for the negotiations
2) Phase-out time: two years more or less to avoid citizens’ confusion and rights violations. Negotiations are to be concluded in a constructive manner
3) Withdrawal

Question 9

Can a MS revoke its withdrawal?

Answer 9

yes, but to avoid an abuse the process is cleared and cancelled + the revoke act must be:
a) submitted to the Council
b) unconditional and unequivocable
c) aimed to confirm membership

Question 10

How does readmission works?

Answer 10

As an ordinary admission

Question 11

Can parts/territories of MS exit/access EU?

Answer 11

Respecting the PRINCIPLE OF SOLIDARITY TO THE MS, these territories should go through a NATIONAL SECESSION and the EX-NOVO ACCESS/WITHDRAW FROM EU

Question 12

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Answer 12

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