Five European Union member states — Germany, France, the Netherlands, Belgium and Luxembourg — have jointly proposed a set of tougher safeguards to be embedded in future accession treaties, aiming to prevent new members from backsliding on democratic and legal standards after joining the bloc. The initiative, seen by European Pulse, is a direct response to the EU's difficult experience with Hungary under Viktor Orbán, who was ousted in April after 16 years in power.
The document, drafted by the five countries, argues that the EU must learn from past enlargement rounds and avoid a simple "copy-paste" of previous treaties. "All options should be on the table," the paper states, calling for a "fresh perspective" on how the bloc integrates new members.
New tools to enforce democratic norms
Central to the proposal is a "non-regression clause" that would make adherence to fundamental rights and the rule of law a binding norm for new member states. If a country backslides after accession, the EU would be empowered to take "protective measures" beyond the existing infringement procedures and fund freezes. The exact nature of these measures is left for member states to define, but the goal is to create leverage in the critical years immediately after joining.
The paper also suggests simplifying Article 7 of the EU treaties, the so-called "nuclear option" for punishing serious breaches of values. Currently, suspending a member's voting rights requires unanimity among all other member states — a threshold that proved impossible to meet in the cases of Hungary and Poland. The five countries propose lowering that requirement to a four-fifths majority, enabling faster action against a new member that backslides.
Another significant element is a proposed safeguard dedicated to the principle of sincere cooperation — the same principle Orbán was accused of violating when he vetoed a €90 billion loan package for Ukraine earlier this year. The document suggests that new members could have their veto power restricted for an undefined period in high-priority areas, such as foreign policy, where unanimity is currently required. "Enlargement should not go to the detriment of our capacity to act," a diplomat told European Pulse.
Blueprint for Montenegro and beyond
The timing of the proposal is deliberate. Brussels is in the early stages of drafting the accession treaty for Montenegro, the frontrunner among current candidates. The five countries want the Montenegro treaty to serve as a blueprint for all future members, including Ukraine, Moldova, Albania, North Macedonia, and Serbia.
While no candidate is explicitly named, some references in the paper appear to reflect concerns about Ukraine's application. The document calls for "enhanced" transitional periods for the Common Agricultural Policy (CAP) and cohesion policy, as well as further transitions to mitigate "disturbances" that free movement of workers might cause in labour markets, living standards, and housing.
The promoters — Germany, France, the Netherlands, Belgium and Luxembourg — are five of the six founding EU members (Italy did not join). Notably, France and the Netherlands have often been labelled "enlargement sceptics" in Brussels, even though both are staunch allies of Ukraine. The coalition argues that adding safeguard clauses and transitional periods can help assuage citizens wary of expanding the bloc, which is essential for securing ratification of accession treaties in all member states.
"We must seize this opportunity and design necessary improvements to ensure that enlargement will strengthen the EU and enhance the security of its neighbourhood," the document says. "This will be key to uphold and increase political and public support for enlargement."
The proposal comes as the EU continues to grapple with the legacy of democratic backsliding in countries that joined in 2004, most notably Hungary, Poland, and Slovakia. The crisis exposed the limited leverage Brussels retains once the accession process — already defined by exceptionally high admission standards — is completed. The five countries hope their initiative will close that gap and make future enlargements more resilient.
