EU begins talks on tougher safeguards for newcomers, with Montenegro first in line

EU governments are divided over proposed safeguards for future members, including a 15-year probation period and the possible suspension of voting rights, as Montenegro becomes the test case for tougher enlargement rules. EU governments have held their first discussion on draft legal provisions to impose tougher safeguards on new member states, including a clause that could strip them of their voting rights, with Montenegro set to be the first test case. The European Commission proposed the safeguards as part of a broader strategy to prepare the EU for further enlargement. As the frontrunner for membership, Montenegro would be the first country to have the new measures written into its accession treaty. “In this context, it is important that the Council formulates its own views and provides preliminary guidance on the safeguard clauses, including to ensure that such measures are proportionate, have clear grounds for activation and defined periods of application,” reads a steering note shared ahead of the talks. EU ambassadors were asked to provide feedback on the Commission's draft legal text, obtained by Euronews, but member states were divided along familiar lines. The so-called Friends of the Western Balkans, including Italy and Austria, warned against excessively strict safeguards that could hamper enlargement, while countries such as the Netherlands and France pressed for stronger guarantees on respect for the rule of law. Work on the precise wording will continue at the technical level, with another discussion among ambassadors expected in November. Voter rights at stake The most significant innovation is an institutional safeguard clause that would allow the EU to take action against new members that seriously breach its fundamental values or the principle of sincere cooperation. In the most serious cases, this could include suspending their voting rights. Much of the debate focused on how long a probation period should last to count as temporary, with countries divided over the Commission’s proposed 15-year limit. Under the draft text, a new member state would have at least two weeks to submit its observations once the safeguard was activated. However, this provision would apply only after accession, even though the clause could also be triggered before a country formally joined the EU. The proposed structure has drawn opposition for giving the Commission too much power. Under it, a Commission proposal would be adopted within two weeks unless a qualified majority of member states rejects it or amends it. Ambassadors also asked what kind of measures the clause should trigger and how it would work alongside Article 7 of the EU treaty, which also deals with serious breaches of European values. Monitoring before membership The Commission also proposed a general monitoring clause covering the period between signing the accession treaty and actually joining the bloc. The draft text sets out how monitoring would work in practice: regular reports, peer assessment by other EU countries and early warning letters where necessary. The frequency and focus of the reports are yet to be defined. As a last resort, the Commission proposed the possibility of postponing accession if there is clear evidence that the country will not meet the membership requirements in time. A similar provision featured in the accession treaty for Romania and Bulgaria, where the decision required unanimity by default. This time, the decision-making process for a postponement is still to be defined, though the document tentatively suggests that a qualified majority of member states could adopt it, based on a Commission recommendation. What counts as a “proportionate” postponement period also remains open. Further safeguards The Commission also proposed other complementary arrangements, including a commitment not to veto enlargement decisions on candidate countries over bilateral disputes, as has often happened among Western Balkan countries. The Commission envisaged a declaration accompanying the accession treaty, rather than the safeguard provisions in the draft legal text. On judicial cooperation, the draft would allow certain decisions and provisions affecting other member states to be temporarily suspended in the event of serious breaches, without disrupting wider judicial cooperation. To join the Schengen area of free movement, additional conditions would ensure continued respect for the rule of law, anti-corruption rules and anti-organised crime measures, as well as a well-functioning justice system. The legal text also reproduces the safeguards on serious economic difficulties and breaches of internal market rules included in the accession treaty for Croatia, the last country to join the EU. However, the Commission proposed extending their activation period beyond Croatia’s three years, without saying by how much, and would let member states extend it further by qualified majority.