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TF6 Final Report - European Ideas Network

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<strong>European</strong> <strong>Ideas</strong> <strong>Network</strong><br />

Task Force 6: External Borders of the <strong>European</strong> Union<br />

Post Cadenabbia draft—almost final<br />

Lead Organization:<br />

Constantinos Karamanlis Institute for Democracy<br />

Participating Organizations:<br />

Foundation Pour L’ Innovation Politique<br />

Austrian Institute For <strong>European</strong> Security Policy<br />

Szazadveg Foundation<br />

Free Europe Center<br />

Konrad Adenauer Foundation<br />

Robert Schumann Foundation<br />

Framework<br />

Five years after the end of WW II, six <strong>European</strong> states decided to establish a<br />

closer community of the peoples of Europe to safeguard peace and prosperity in the<br />

region. This effort through the founding and evolution of the ECSC led to the<br />

establishment of the EU, where states converge around common values, norms,<br />

regulations and decision making procedures. During that process, the Member States<br />

of the EU faced the very difficult task of overcoming traditional national policies for<br />

the benefit of the integration.<br />

Successive enlargements created additional challenges to the process of<br />

integration. As a result, the issue of the External Borders of the <strong>European</strong> Union is<br />

of vital importance not only in regard to specific EU policies (i.e. security,<br />

immigration, etc.), but also because of the challenges the Union will have to face as a<br />

consequence of future enlargements. The crucial issue remains that of the <strong>European</strong><br />

Project and how it will evolve: Is it going to be just an open market area? Or is the EU<br />

going to develop into a stronger political entity? In either case it must maintain<br />

clearly definable and secure external borders.<br />

This realization became more apparent last Spring, when the draft treaty for<br />

establishing a constitution for Europe was rejected by two Member States (after<br />

having been adopted by 15), thus creating a political crisis which impacted its<br />

institutions in a manner that could have halted any further integration of the EU as<br />

well as its future enlargement process. Crucial issues concerning the budget, the new<br />

Member States and the new candidate states posed such great dilemmas to the EU that<br />

the very essence, orientation, limits as well as capabilities and prospects of this unique<br />

economic and geopolitical entity came into question.<br />

Moreover, survey results indicated a dramatic decline of the <strong>European</strong>’s<br />

acceptance of the EU and the policies it pursued in the past decade (perhaps including<br />

the recent enlargement with ten new Member States), thus portraying growing<br />

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eservations towards the absorption of additional new members. All this demonstrates<br />

that the process of <strong>European</strong> integration has arrived at a critical point. In order to<br />

overcome this crisis, the EU has to clarify in what direction it intends to develop and<br />

where its geographical borders are located, since many argue that the Union’s<br />

capacity to decide and act has already been stretched to its limits. Any additional<br />

major enlargement would increase the EU’s internal heterogeneity and widen the<br />

spectrum of divergent interests, creating an enormous risk of gradual paralysis, if not<br />

future disintegration. Consequently, it is important to focus on the task of the Union’s<br />

internal cohesion.<br />

The Union’s Cohesion<br />

The question of how much social and cultural diversity within the EU can be<br />

absorbed must be cautiously evaluated. If the condition that enlargement must<br />

“strengthen the cohesion of the Union” is supposed to remain valid, since the peoples<br />

of the EU aspire for a strong Europe, then the issue of its internal cohesion must take<br />

priority. A strong Europe means efficient institutions and decision making processes,<br />

which are able to solve the problems and address the challenges the <strong>European</strong> society<br />

is facing today, while effectively defending the interests of the Union on a global<br />

scale. Moreover, the EU must gain the trust and acceptance of EU citizens, present a<br />

clear vision of its projected geographical borders, allow for solidarity with the<br />

weakest Member States, institute a common foreign policy, and improve the Union’s<br />

institutional capability.<br />

Considering the latest developments in world affairs, it is obvious that the<br />

citizens of Europe need a clear perspective on their future and they will only develop<br />

acceptance of the EU, if they have a clear picture of its project, i.e. its direction and its<br />

limits. <strong>European</strong>s cannot be expected to support the idea of <strong>European</strong> unity, unless<br />

they have an outlook of what the EU will look like in the short, medium and long run,<br />

as well as which of the existing problems it can solve.<br />

Thus, further enlargements must not only be considered and judged by the<br />

political Copenhagen Criteria, because experience shows that these criteria were often<br />

applied very flexibly. Instead, account must be taken of the very fundamental<br />

objective of its establishment, as expressed in Art. 1.1 of the Constitutional Treaty,<br />

which reflects the will of the citizens and states of Europe to build a common future.<br />

Originally, the desperately needed improvement of the Union’s institutional<br />

and political capacity to act was supposed to take place parallel to the enlargement of<br />

the ten new Member States. Institutional capability to act, therefore, assumes that<br />

before the EU faces further enlargement beyond Bulgaria and Rumania, issues of the<br />

Union’s cohesion and functionality must be resolutely addressed. The EU must pursue<br />

all necessary reforms in order to attain further integration.<br />

Citizens of EU must have the impression that the Union is capable of solving<br />

pressing problems. This means: creating new jobs; generating more economic potency<br />

and modernity in order to overcome the challenges of globalization; fighting more<br />

effectively against terrorism and international crime; and handling environmental and<br />

energy problems more successfully. In that aspect, the ambitions of the Lisbonstrategy<br />

are still valid: flexible labour markets; completion of the Single <strong>European</strong><br />

Market; robust advancement of scientific research; continuous improvement of<br />

professional qualifications. The acceptance of the Union by its people will increase,<br />

once the citizens realize that the EU is much more successful in dealing with global<br />

challenges, than Member States can do on their own.<br />

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Above all, it appears that there is now a need to reinforce a common and<br />

strongly felt <strong>European</strong> identity. In fact, it is paramount to nurture a “we” feeling.<br />

And for that purpose the norms and values on which the EU is based must strictly be<br />

followed and further cultivated. Otherwise, it would be hardly possible to ask the<br />

<strong>European</strong> citizens to submit to the necessary supranational governance and accept<br />

common policies, which demand at least short term concessions and sacrifices of<br />

national interests. One of the main tasks is to develop a <strong>European</strong> public space and<br />

transnational debates on <strong>European</strong> issues.<br />

Any discussion of further EU enlargement, must address the crucial issue of<br />

the Union’s absorption capacity. And even so, a necessary first step is to tackle the<br />

notion of Europe’s “internal” absorption capacity, that is its ability to ‘bring to the<br />

fold’ the ten new members.<br />

Economic and Social Cohesion -“Internal” Absorption Capacity<br />

By absorption capacity, we shouldn’t simply mean the capacity of the<br />

<strong>European</strong> Union to accept new members. When the subject of cohesion is discussed<br />

in the context of the <strong>European</strong> Union and its enlargement, we should not forget that<br />

besides external borders there are also internal disparities. As a result, when we<br />

consider the ways that the EU could accept new candidates, attention should also be<br />

paid to the full ‘absorption’ of its present members.<br />

Specifically, there are two issues that should be considered: First, due to the<br />

different pace of integration, not all Member States participate in every common<br />

policy (for example, different memberships in the Euro or the Schengen zones.)<br />

Second, as a consequence of the 2002 Copenhagen accession treaties, there are still<br />

strong dividing lines between old and new Member States in several policy areas (in<br />

agriculture till 2013; in structural funds till 2007; in free movement of labour till<br />

2011; etc.) The phenomenon of staggered integration is not new in the EU, however,<br />

as the experience of Greece, Spain and Portugal indicates, these internal<br />

differentiations can be gradually eliminated, when they are properly addressed.<br />

Hence, priority should be given to the elimination of still existing social and<br />

economic differences among the Member States. The EU should never neglect to<br />

concentrate its efforts on implementing its basic principles, such as solidarity and<br />

equality of its members. Consideration should be given to the threat of drawing<br />

dividing lines within the <strong>European</strong> Community (i.e. separating the member countries<br />

according to their level of development) that could undermine the entire process of<br />

bringing the peoples of Europe closer together.<br />

We need and desire a strong Europe. We must then agree to 'maintain the<br />

momentum of integration', and to reinforce the internal cohesion of the EU. Therefore<br />

convergence of those who are lagging behind at the moment should be given priority.<br />

As a consequence, every EU endeavour has to be judged from the point of view of<br />

what its effect on the internal cohesion will be. The EU budget must henceforth be<br />

aligned with the increasing challenges of globalization, while continuing to allow for<br />

solidarity with the weakest Member States.<br />

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Absorption Capacity for New Candidates<br />

The three criteria for the accession of new members, which have been<br />

determined at the Copenhagen Council on June 21 st 1993, have over time been<br />

defined in every detail. Concerning the criteria of absorption capacity, however, there<br />

are no more than three phrases. The <strong>European</strong> Union should be able to absorb new<br />

members, while at the same time “maintain the dynamic of the <strong>European</strong> integration.”<br />

Furthermore, “the enlargement [should] strengthen the process of continuing<br />

integration” and “every effort should be made to maintain the cohesion and<br />

effectiveness of the Union.”<br />

In a resolution adopted in March 2006, the <strong>European</strong> Parliament called on the<br />

Commission to submit a report by 31 December 2006 setting out the principles, which<br />

underpin the concept of the EU’s absorption capacity. According to the MEPs,<br />

“defining the nature of the <strong>European</strong> Union, and including its geographical borders, is<br />

fundamental to understanding the concept of absorption capacity.” The text approved<br />

by the Parliament also said that “the capacity for absorption of the Union… remains<br />

one of the conditions for the accession of new countries.” It seems then that the term<br />

“absorption capacity” must be clearly defined.<br />

There can neither be a regressive development of the EU (for example in the<br />

direction of an upgraded free-trade-area), nor should the present state of integration be<br />

simply held up. Rather, the cohesion, effectiveness and capability to act must be<br />

improved and the integration process must be further deepened. If the concept of<br />

absorption capacity is supposed to be more than an empty phrase, it must now be<br />

specified in detail, especially regarding any future enlargements beyond Bulgaria,<br />

Rumania and Croatia.<br />

It will thus be necessary to fully apply the accession criteria, including the<br />

criterion of the Union’s absorption capacity (see Annex), to all new candidate<br />

countries. It has to be obvious for everyone that no political or other considerations<br />

can overrule these criteria and their full implementation is an imperative for every<br />

new candidate. We must put emphasis on the clarity of the content of the term “the<br />

membership's political conditions”.<br />

When the accession of a <strong>European</strong> country is on the agenda, the potential<br />

consequences of financial and other costs of membership have to be carefully<br />

evaluated. All EU policies have to be analysed from the point of view of what the<br />

implications of the accession of a certain <strong>European</strong> state would be for that specific<br />

policy. The implications on the institutional architecture, above all the effective<br />

functioning of the Union’s ability to decide and act efficiently, should be accessed.<br />

The preservation of this ability would have to be assured. Unless this lengthy and<br />

difficult work is done, no justifiable decisions on any further accession can be taken.<br />

Specific criteria adopted to define the Union’s absorption capacity should be<br />

based on the following parameters:<br />

• The impact on the nature of the <strong>European</strong> project – how would it be effected,<br />

can it be preserved and the momentum of integration maintained? Priority to<br />

be given to the consolidation of the existing Union.<br />

• The effect on identity-building, i.e. the impact on cultural cohesion and the<br />

preservation and strengthening of the “We” feeling.<br />

• The candidate member’s political and social compatibility with the values and<br />

structures of existing Member States and the Union as such.<br />

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• The acceptance by the people, i.e. effect on the identification of citizens with<br />

the <strong>European</strong> project, which in turn presupposes cultural, political and<br />

economic cohesion, clarity about the Union’s borders and not only with its<br />

geographic, but also cultural and political dimension.<br />

• The impact on the functioning of the Union, i.e. its ability to decide and act<br />

efficiently. This is a precondition for ensuring that the EU is a political and<br />

institutional order with strengthened supranational structures and procedures at<br />

least at a level as conceived in the Constitutional Treaty.<br />

• The size of the candidate country and its impact on the internal balances of the<br />

Union.<br />

• The financial implications, i.e. financiability.<br />

• The impact on individual EU policies and strategies.<br />

• The impact on external and internal security: a pre-eminent function and aim<br />

of the Union is to ensure external and internal security. The question of a<br />

secure Union is therefore crucial. In the context of the external borders, the<br />

potential security risks have to be given special attention and must be<br />

answered clearly.<br />

Moreover, priority must be given to receiving satisfactory answers as far as<br />

the criteria of the absorption capacity are concerned before evaluating and<br />

deciding the question of candidate status on the basis of the accession criteria as<br />

laid down in the Treaty and the Copenhagen Criteria. In the future, the political<br />

Copenhagen Criteria have to be strictly and credibly fulfilled before negotiations<br />

can be taken up. In addition, EU Institutions should take full account of the<br />

opinion of the Union’s citizens when they are examining any new candidate states<br />

for membership.<br />

Further, the EU should insist that priority must be given to the establishment<br />

of a monitoring mechanism to be applied during negotiations as well as after<br />

negotiations, and until there is a complete and unequivocal compliance with all<br />

terms and conditions by the new member(s).<br />

The case of Turkey<br />

The case of the Turkish accession has amplified the growing concern about an<br />

unmanageable and boundless EU. After all, if the EU should become a direct<br />

neighbour of Iran, Syria, and Iraq after Turkey’s accession, this would raise serious<br />

questions about both the inner and the outer security of the EU.<br />

Many argue over the capability of the EU to successfully absorb Turkey in the<br />

<strong>European</strong> community in the near future. In any case, Turkey should continue its<br />

reforms towards meeting the criteria for entry into the EU zone, while keeping in<br />

mind that “Membership requires that the candidate country has achieved several<br />

conditions: stability of institutions guaranteeing democracy; respect for the rule of<br />

law, and human rights; respect for and protection of minorities; the existence of a<br />

functioning market economy; as well as, the capacity to cope with competitive<br />

pressure and market forces within the Union. Membership presupposes the<br />

candidate’s ability to take on the obligations of membership including adherence to<br />

the aims of political, economic and monetary union.” As to the timing of the process,<br />

all aspects of the Union’s absorption capacity must be fully considered. Then and in<br />

addition, only full and unequivocal compliance by Turkey of all terms and conditions<br />

5


for full membership (there should be no rebates or discounts on political criteria), can<br />

lead to Turkey’s entrance into the Union.<br />

Remaining <strong>European</strong> States<br />

The Constitutional Treaty, which has not yet been ratified, declares the basic<br />

perspective that the “Union is open to all <strong>European</strong> states respecting its values and<br />

willing to collectively further these values” (Art I-1-2). However, it will have to be<br />

estimated in every single case whether or not and to what extend the EU is capable to<br />

absorb the accession of another state at a specific date, judged on the basis of its inner<br />

development.<br />

Enlargement must not be conceived as the only political instrument to promote<br />

democratic reform and create stability in the Union’s neighbourhood. At any cost, it<br />

must be avoided that the Union by enlarging itself, it is weakened and becomes itself<br />

an object of destabilization. Therefore, incremental forms of cooperation within<br />

specific timeframe may be developed for Balkan countries, which encourage them to<br />

converge toward EU norms and ideals. Without discounting at all, strict inclusion<br />

criteria or compromising the EU’s absorption capacity, remaining <strong>European</strong> States<br />

may be offered the prospect of future inclusion to the <strong>European</strong> family.<br />

Hence, the inclusion of all Balkan states in the EU should remain on the<br />

agenda, provided that they satisfy the Copenhagen criteria. This development could<br />

safeguard peace and stability in the region. After all, it is also in the security interest<br />

of the EU, if the states of the western Balkans have the prospect of joining the Union.<br />

In addition, this will certainly relieve the EU from further diplomatic and economic<br />

burdens.<br />

In the Balkans, the recent wars have created new divisions between peoples<br />

and nations and the process is not over yet (see developments in Montenegro and<br />

Kosovo). The future integration of these new states in the EU will reduce the new<br />

divisions between them, and as a result, accelerate the process of rapprochement and<br />

reconciliation in the entire region. In other words, it will be easier for them, to accept<br />

the creation of these new dividing lines between Serbia and Montenegro or Kosovo as<br />

they anticipate their inclusion into the Union. This is why the prospect of their<br />

integration has to be very clear and reaffirmed, in order to relax any negative effects<br />

of the current process of new border creation.<br />

In that aspect, the EU must introduce clear-cut commitments and a specific<br />

framework for action that will guide the remaining Balkans states through specific<br />

procedures towards their inclusion in the <strong>European</strong> Union. Road maps should be<br />

drawn indicating the necessary steps for the proper preparation for future<br />

membership. These roadmaps should be meaningful and their implementation should<br />

be a must for each candidate.<br />

“Good Neighbourhood”<br />

It has been argued that if the <strong>European</strong> Union comes to the conclusion that it is<br />

not capable to accept an application of full membership of a certain state because of<br />

its inner conditions, this must not be a question of “pass or fail.” Rather there are<br />

interim solutions and alternatives for a closer relations like close, privileged<br />

partnerships which should be “tailor-made” according to the necessities and needs of<br />

the respective partners.<br />

6


At this point, we should mention that EU frontiers should not be necessarily<br />

associated only with the enlargement procedures and the inclusion of further<br />

<strong>European</strong> states into the EU. Instead, we should also devote our attention to the<br />

special and “privileged” relations of the EU with its neighbouring countries. “Good<br />

Neighbourhood Offices,” are necessary to the success of this procedure, since we<br />

strongly believe that we need to improve our relationships with the remaining<br />

<strong>European</strong> countries that are not to join the EU family.<br />

In its Communication "Wider Europe Neighbourhood: A New Framework for<br />

Relations with our Eastern and Southern Neighbours,” the Commission proposed that<br />

"the <strong>European</strong> Union should aim to develop a zone of prosperity and a friendly<br />

neighbourhood … with whom the <strong>European</strong> Union enjoys close, peaceful and cooperative<br />

relations… Over the coming decade and beyond, the Union’s capacity to<br />

provide security, stability and sustainable development to its citizens will no longer be<br />

distinguishable from its interest in close co-operation with the neighbours.” The<br />

development of such a policy is a logical consequence of enlargement, which, as<br />

stated in the Communication “gives new impetus to the effort of drawing closer the<br />

385 million inhabitants of the countries who will find themselves on the external land<br />

and sea border, namely Russia, the Western NIS, and the Southern Mediterranean."<br />

As a result, the Good Neighbourhood policy of the EU is focused on<br />

interdependence with these countries that have recently found themselves at the<br />

Union’s frontiers as well as those that will be in the future. Such issues as illegal<br />

immigration, human trafficking, and human rights remain the most important to be<br />

examined. Promotion of free trade and cooperation in the mentioned issues of<br />

interest, among the Union and its neighbours should help ensure greater prosperity<br />

and stability at the new EU borders. However, the issue of terrorism and security<br />

should attract our greatest attention in the immediate future, as the EU expands<br />

towards the turbulent Middle East.<br />

Conclusion<br />

The issue of the Union’s external borders and future enlargements is fully<br />

interlinked with its absorption capacity. Clarifying the question of absorption capacity<br />

of the EU does not as such aim at averting new members. It is a strategy to preserve<br />

the cohesion of the Union, to maintain its capability to decide and act, and a s result<br />

to assure the full support of its citizens. A strong, effective, efficiently functioning<br />

Union enhances determinedly its general absorption capacity for future enlargements.<br />

As we attempt to define the term ‘absorption capacity’, we should keep in<br />

mind that besides setting straight the limits, the vision and the orientation of the EU,<br />

we must focus on the nature of the relations of the Member States within the Union<br />

and the danger of separating the “new” from the “old” Member States, whereas these<br />

two groups could end up experiencing separate levels of integration. The impact on<br />

the internal unity of any further enlargement has to be evaluated. Enlargement should<br />

not be pursued at the expense of cohesion.<br />

The enlarged EU, in its present state of uncertainty over its institutional<br />

reforms and adaptations, indispensable for its functioning and problem-solving<br />

capacity as well as the full integration of its new members, should seriously consider<br />

a period when internal consolidation enjoys a clear priority over continued<br />

enlargement activities and considerations. In addition, the effective entry into force of<br />

the institutional reforms in particular as foreseen by the Constitutional Treaty, is to be<br />

considered the a priori condition for further enlargement.<br />

7


In summary, the issue of EU External Borders should be considered and<br />

evaluated within a framework which is based on the following essential principles:<br />

• There is a need for a strong EU, able to decide and act efficiently and to<br />

develop the integration process further towards the objective as laid down in<br />

the Treaties.<br />

• The <strong>European</strong> Union has always been more than a mere economic project. The<br />

<strong>European</strong> peoples unite and work on the basis of shared core values. This has<br />

also been clearly and unequivocally stated in Art. 6.1. TEU which forms the<br />

basis on which the EU is founded.<br />

• The main goal of the <strong>European</strong> integration process is to overcome traditional<br />

power politics based on the national interests of the <strong>European</strong> nation-states by<br />

building a new <strong>European</strong> order established on a common framework of<br />

<strong>European</strong> law; common institutions and procedures; and an independent<br />

<strong>European</strong> judiciary which would guarantee that in the future the rule of law<br />

should govern relations among member states. The purpose of the <strong>European</strong><br />

integration process is not only to create a <strong>European</strong> zone of economic welfare<br />

and strength, but to establish a stable order of peace. Its political finality is to<br />

develop an ever closer Union of the peoples of Europe.<br />

• The realisation of the <strong>European</strong> integration project demands a gradual though<br />

dynamic process of pooling partial national sovereignties and competences<br />

which are then exercised in the Union’s institutions to shape common policies<br />

in order to solve common problems and safeguard Europe’s interests on the<br />

global scene.<br />

• The EU is more than a multilateral organisation and has created a political<br />

Community which establishes interrelationships between the Member States,<br />

common institutions and the <strong>European</strong> citizens.<br />

• Its finality was already laid down in the Rome Treaties. The Treaty of<br />

Maastricht established a new quality in the integration process; the EU was<br />

established, and the building of a political Union became an agreed objective<br />

of EU Member States.<br />

• A perceived <strong>European</strong> identity and the awareness of common interests and a<br />

common fate are indispensable for the acceptance of the integration process by<br />

the <strong>European</strong> citizens. It is a precondition for their readiness to agree to the<br />

pooling of national sovereignty and national competences which in turn is<br />

indispensable for preserving and strengthening the Union’s capacity to decide<br />

and act, i.e. its problem solving capacity.<br />

• Each enlargement inescapably leads to additional internal disparities thus<br />

widening the spectrum of divergent interests and increasing internal<br />

heterogeneity. The latest enlargement has practically doubled the Union’s<br />

membership and further increased the degree of internal disparities. This<br />

underlines the urgent need to build a strong <strong>European</strong> identity, politically<br />

effective in terms of forming a firm and endurable basis for common action.<br />

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