THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
52
PROCEDURE OF ACCESSION TO THE EUROPEAN UNION
(COPENHAGEN AND MADRID CRITERIA): COMPARATIVE
ANALYSIS WITH THE UNITED NATIONS ORGANIZATION AND
OTHER INTERNATIONAL ORGANIZATIONS
Abdumutalimova Kumushkhon
Third year student of Tashkent State University of Law,
Faculty of Public law.
Umarkhanova Dildora
Dean of faculty International Law at Tashkent
State University of Law,
PhD in law.
https://doi.org/10.5281/zenodo.12730362
Annotation
: This article examines the procedure for joining the European
Union and the legal aspects of accession provided for by the Maastricht
Agreement, as well as the Copenhagen and Madrid criteria. Using the example of
some countries, an analysis of the nuances of the process of accession to the
European Union is carried out. Also, recommendations are made to improve and
change the Capenhagen criteria, which may have lost their relevance today.
Further, the article details the step-by-step procedure for accession and
provides a comparative analysis between the process of accession to the United
Nations and the process of accession to the European Union.
Key words
: European Union law, Copenhagen and Madrid criteria,
acquis
communautaire
, international organizations, enlargement and accession to
international organizations.
Introduction
The European Union enlargement process is a long process of accession to the
organization of new States. The process began in 1952, by the unification of the
inner six who founded the Coal and Steel Community, the predecessor of the
European Union. The inner six consisted of following States such as Belgium,
France, Germany, Italy, Luxembourg and the Netherlands.
1
With this event began the unification that encompassed more and more
European countries. As can be seen from the chronology, the initial purpose of
unification was purely economic. Then, further unifications also included the
political aspect from the point of view of security within the union. At this point,
1
Bernard Stirn, “The Phases of European Integration”,
Towards a European Public Law
(Oxford
University Press, 2017), p.25.
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
53
the process is strictly regulated by legal specifics, which will be discussed in this
article.
The process of enlargement of the European Union is sometimes referred as the
“European integration”.
2
The meaning of the same: the process of strengthening
interstate relations by uniting into a single international organization. At this
stage, the legal aspect plays a key role, as cooperation between states takes place
by harmonizing the law of member-states.
Conditions of accession
The first thing that should be noted is the requirements under the Maastricht
Treaty (Treaty on European Union), according to which all member-states of the
European Union, as well as the European Parliament, must come to a unanimous
agreement for the accession of a new state. Thus, according to Article 49 of the
Maastricht Treaty:
“Any European State which respects the values referred to in Article 2 and seeks
to promote them may apply to join the Union. The European Parliament and the
national parliaments shall be notified of this application. The applicant State
shall forward its application to the Council, which shall take a unanimous
decision after consulting the Commission and obtaining the consent of the
European Parliament, which shall act by a majority of its constituent members.
The conditions of admissibility agreed by the European Council shall be taken
into account.
The conditions of acceptance and the modifications to the Treaties on which the
Union is based which such acceptance entails shall be the subject of an
agreement between the Member States and the applicant State. This Agreement
shall be submitted for ratification to all Contracting States in accordance with
their constitutional requirements”.
3
As it is stated in Article 49(1) of the Maastricht Treaty, the conditions of
admissibility agreed by the European Council must be taken into account.
Copenhagen and Madrid criteria
These requirements are set out in the opinion of the President of the Council of
Europe on the Copenhagen Conference held on June 21 and 22, 1993. According
to Article 7, paragraph 3 of these conclusions, Central and Eastern European
countries wishing to join the Union and meeting the political and economic
criteria may apply.
The conditions of accession for a candidate country are as follows:
2
Jo Show, European Integration, (Oxford Public International Law, 2022), p.1.
3
Treaty on European Union 1992, Article 49.
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
54
- stability of institutions guaranteeing democracy, rule of law, human rights,
respect and protection of minorities,
- the existence of a functioning market economy able to cope with competitive
pressures and market forces within the country,
- the ability of the candidate to assume the obligations of membership, including
a commitment to the objectives of political, economic and monetary union.
- the Union's ability to accept new members while maintaining the momentum
of European integration is also an important factor in the common interest of
both the Union and the candidate countries.
4
In case of fulfillment of these criteria, which will be assessed by the European
Council unanimously with the Commission and the Parliament, the state may
become a member of the European Union.
The above criteria were amended by the Madrid Conference held by the Council
of Europe in December 1995. According to these changes, another important
criterion was the conformity of the administrative structure to implement the
existing laws of the candidate country.
5
As noted above, for membership in the European Union, it is important that a
country's national legislation conforms to the standards of the European Union.
This process is referred to as
acquis communautaire
, which implies that
potential members must harmonize their legislation with European laws.
6
However, the existence of legislation alone is not enough. For their
implementation, as noted in the Madrid meetings, the existence of an
appropriate administration in the state is necessary.
We believe that the standards for entry into the European Union under the
Copenhagen criteria were high. The changes to the Madrid criteria have made
the bar even higher. This makes further integration of the European Union even
more difficult. For example, Turkey first applied in 2005 and the application is
still pending.
7
Both economic and political aspects were considered when
deciding on Turkey's entry into the European Union. Only in assessing the level
of democratization in the country, i.e. the political aspect, the following issues
have been considered and conclusions have been made by the Commission:
1)
Parliament
- accession to the Covenant on Political and Civil Rights, the
Covenant on Social and Economic Rights, the primacy of international law
4
Declaration of European Union 1993.
5
Declaration of European Union 1995.
6
Heather Grabbe, European Union Conditionality and the “
Acquis Communautaire
”, Vol.23 No.3, p.5
https://neighbourhood-enlargement.ec.europa.eu/enlargement-policy/turkiye_en
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
55
over national law, amendments to the Criminal and Criminal Procedure
Codes;
2)
Administrative measures
- introduction of monitoring for the protection of
human rights;
3)
Legal and judicial system
- independence of the judiciary and ensuring
measures to combat torture;
4)
Corruption
- accession to the Convention on Combating Corruption;
5)
Accession to human rights conventions;
6)
Abolition of the death penalty as a punishment; Prohibition of torture;
7)
Freedom of expression, association and religion;
8)
Protection of women's rights –enforcing gender equality policies;
9)
Protection children’s rights;
10)
Protection of the rights of religious and national minorities.
Since Turkey did not meet the above criteria, its accession to the European
Union is on hold as a candidate.
8
As stated in the Copenhagen Resolution of
2002, the political and economic criteria must already be met in order to start
the accession negotiation process. Let us consider the accession procedure itself.
EU accession procedure
As mentioned above, the first step to join the Union is to apply to the Council,
followed by the conclusion of the Association Agreement. The EU Council asks
the EU Commission to initiate the negotiation process. After receiving a
response, the Council either agrees or rejects the opinion of the EU Commission.
The next process is the process of negotiations. According to the EU
Commission's report, the Council decides whether the applicant state is a
candidate state. If so, the Council starts negotiating the “chapters” of the law.
Negotiating the “chapters” means that the candidate state has to revise its
legislation and bring it in line with the standards of the European Union. During
the negotiations, several chapters are opened and an annual report on the
adopted changes is kept. This is the process of
acquires communautaire
. If the
process is successful, a European Union accession agreement is signed, which
must be ratified by all members of the European Union.
This is the procedure that exists today. Over time, both the Copenhagen and
Madrid conditions may change. Researchers have proposed to revise the
Copenhagen criteria and introduce a new format called Copenhagen Plus.
9
This
8
Erich Hochleitner, Working Paper, Austrian Institute for European Security Policy August 2005,
p.20.
9
E.Pachulidze&R.Youngs, Beyond the Copenhagen Criteria: Rethinking the Political Conditions of
EU Accession.
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
56
format means that in the pre-accession period special attention should be paid
to the development of civil society. The European Union, in turn, should create a
fund to support the institution of civil society, while the state should provide
attention to the development of this institution. Thus, a new criterion is added to
the Copenhagen Principles: a developed civil society in the state.
Also, in November 2019, France proposed a seven-stage EU accession plan. The
reformed accession strategy involves participation in various programs such as
Erasmus, Banking Union, Capital Markets Union, and Customs Union.
10
It
follows that the process of joining the European Union is complicated not only
by legal and economic criteria, but also the importance of internal political
relations with each of the members of the European Union, which may not want
to enlarge the organization.
Procedure of joining the UN
The procedure of accession of states to the United Nations is much easier with
the procedure of accession to the European Union. According to the UN Charter,
any peace-loving state that is ready to fulfill the obligations under the Charter
can join the Organization. The procedure is as follows:
1.
Submitting application to the Secretary General;
2.
The Secretary General submits the application to the UN Security Council,
with 9 out of 15 members voting in favor and the decision must not be
vetoed by the permanent members;
3.
Upon the recommendation of the Security Council, the General Assembly
votes with an agenda on the accession of the state in question to the
organization. At least 2/3 of the members of the states of the General
Assembly must vote in favor. The decision shall enter into force from the
moment of signing the Resolution.
The process of joining the UN is not complicated, unlike the European Union.
This is due to the fact that the goals of joining these organizations are
significantly different. If the purpose of joining the UN is to be recognized in the
international arena, as a state and in general the ability to enter into
international relations, then in the European Union the situation is slightly
different. States join the European Union for narrower political considerations,
such as ensuring security and establishing friendly relations with neighboring
states. Another aspect is economic, such as joining a free economic zone and
opening migration borders. Consequently, since the accession of each state to
https://www.diplomatie.gouv.fr/ru/politique-etrangere/la-france-et-l-europe/l-union-
europeenne/la-presidence-francaise-du-conseil-de-l-union-europeenne/
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
57
the European Union is fraught with consequences, the established requirements
are difficult to be met in a short period of time. Moreover, some members of the
European Union may further complicate the process with their anti-enlargement
policies.
Thus, the process of accession to the European Union, from the point of view of
law, it is the harmonization of national law with the established European
standards. Without proper ensuring of the rule of law, respect for human rights
and freedoms, as well as without appropriate administration in the state,
according to the Copenhagen and Madrid criteria, the accession process is
impossible. Since the revision of the entire legal system is impossible in the
shortest possible time, many states are either denied accession or are still in a
waiting status. The positive side of these envisaged rules is definitely the
improvement of respect for human rights and the achievement of due legal
development of the state.
References:
1.
D. Chalmers, G. Davies, G. Monti, &V. Heyvaert, European Union law: Text
and Materials 5th ed. (Cambridge University Press, 2024);
2.
J. Klabbers, International Law 4th ed. (Cambridge University Press, 2023);
3.
B. Stirn, “The Phases of European Integration”, Towards a European Public
Law (Oxford University Press, 2017);
4.
J. Show, European Integration, (Oxford Public International Law, 2022);
5.
H. Grabbe, European Union Conditionality and the “Acquis
Communautaire”, Vol.23 No.3;
6.
E. Hochleitner, Working Paper, Austrian Institute for European Security
Policy August 2005;
7.
E.Pachulidze& R.Youngs, Beyond the Copenhagen Criteria: Rethinking the
Political Conditions of EU Accession;
8.
J. Palmowski, Copenhagen Criteria. In A Dictionary of Contemporary World
History (Oxford University Press, 2024).
9.
Treaty on European Union 1992;
10.
DeclarationofEuropeanCouncilin Copenhagen 1993;
11.
DeclarationofEuropeanCouncil in Madrid 1995.
