“Shortcuts”, Dick Schoof does not like that, he says. Not when it comes to the rule of law. He is on the red carpet in Copenhagen who pass all government leaders on his way to the EU summit that takes place inside. Many of his colleagues pass the cameras and microphones beam. Did not move. “This is about the Fundamentals“He says definitely.
The outgoing Dutch Prime Minister has something to explain. A group of EU countries wants the stalled candidacy of Ukraine to become a member of the Union, now that Hungary continues to block that process on its own. But the Netherlands is against, so that suddenly is in a select group that together with Hungarian Prime Minister Viktor Orbán – and also relies on the rule of law. What happened here?
Reward
Source of the twist is an attempt by EU president António Costa to accelerate the Ukrainian accession process. That is stuck. A membership for Ukraine is still very far away, but now even the first negotiations cannot formally start.
Orbán blocks the start of those conversations with a veto, even though 26 of the 27 EU countries have given their approval. This is possible because all steps in the accession process require unanimity: from opening and closing negotiations, always for a set of new chapters (a cluster), to ultimately membership itself.
Costa wants to break that impasse. With most steps to accession, unanimous support remains required, his proposal is not for opening every new negotiation round. A qualified majority would suffice there-support of at least 55 percent of EU member states (15 countries), which together represent 65 percent of the European population.
Proponents point out that Ukraine has long met the conditions. Orbán, they say, operates with its veto pure politics, while the government in Kyiv and the Ukrainian population are becoming demoralized about the absence of a reward for progress.
“If candidate countries fulfill their promises, as Ukraine makes, we must find a way to do that on our part,” says an EU official who has a warm heart for the proposal.
Adjust rules
Costa’s plan can count on support from many government leaders and heads of state, it is noticeable in Copenhagen. Not with Schoof. If this precarious process ranges unanimity, the prime minister believes, the end is lost. Especially because the first round is about the rule of law, the prime minister says. “That includes unanimity.”
The Netherlands belongs in discussions about the expansion of the EU or the Schengen area invariably to the countries that last to agree with every step on the accession ladder. But in the doubts about the adjustment of procedures is not alone.
Member States that have difficulty with the candidacy of certain countries share that. Such as Bulgaria that looks with argus eyes at accession of North Macedonia, and Cyprus, which blocks the (unlikely) candidacy of Turkey with all their might. They too would be critical about Costa’s proposal. “You don’t have to adjust the rules halfway through the game,” says an experienced diplomat.
Homework guidance
The rules of the game are not respected by Hungary, according to an annoyed diplomat from an EU country that does see the proposal. “That is not meant to vetos,” this diplomat continues. “I understand that Orbán does not like this plan of Costa, but I can hardly imagine that a country like the Netherlands is bothering. You can still stop everything at the end of every conversation round. Do that.”
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It is not easy: adjusting the rules also requires unanimity. In the meantime, Ukraine and the European Commission have found a different detour. Formally, negotiations may not have started, EU officials and Ukrainian government officials know exactly what should be done for each step and are already sailing with part of the reforms.
This shortcut cannot be blocked, although the formal process will ever really have to start to allow Ukraine to come. “The accession process is as if you are guiding a student from test to test to the final exam,” says a diplomat about this strategy. “What we are doing now is giving Ukraine homework guidance.”
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