European Union governments have opened their first round of discussions on draft legal provisions designed to impose stricter conditions on future member states. The proposals, put forward by the European Commission, include a clause that could suspend a new member's voting rights in cases of serious breaches of fundamental values. Montenegro, currently the leading candidate for accession, would be the first country to have these measures written into its treaty of accession.
The debate comes as the EU seeks to prepare itself for further enlargement, a process that has gained urgency following Russia's full-scale invasion of Ukraine. The Commission's draft text, obtained by Euronews, was the subject of a steering note shared ahead of the talks, which stressed the need for the Council to formulate its own views and provide preliminary guidance on the safeguard clauses. The note emphasised that such measures should be proportionate, have clear grounds for activation, and define periods of application.
EU ambassadors were asked to give feedback on the Commission's legal text, but member states quickly split along familiar fault lines. The so-called Friends of the Western Balkans, a group that includes Italy and Austria, warned against overly strict safeguards that could hamper the enlargement process. In contrast, countries such as the Netherlands and France pushed for stronger guarantees on respect for the rule of law. Technical work on the precise wording will continue, with another ambassadorial discussion expected in November.
Voting rights at stake
The most significant innovation in the draft 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 has 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 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 already deals with serious breaches of European values. The interaction between the two mechanisms remains a key point of contention.
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.
As the EU navigates these complex negotiations, the outcome will shape not only Montenegro's path to membership but also the future of the entire enlargement process. The debate reflects a broader tension between those who see enlargement as a strategic necessity and those who fear that admitting new members without robust safeguards could undermine the Union's cohesion. With the next round of talks scheduled for November, the coming weeks will be crucial in determining how far the EU is willing to go in tightening its rules for newcomers.
