EU proposes 15-year probation period for new member states to prevent 'another Orbán'

Enlargement commissioner outlines stricter safeguards, lower threshold for suspending voting rights

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The European Commission has proposed that any new member state face a 15-year probation period during which it could be stripped of voting rights or EU funds for breaching democratic values, in a bid to prevent leaders like Hungary's Viktor Orbán from blocking decision-making in an enlarged bloc.

The plan, outlined by EU enlargement commissioner Marta Kos in an interview with European newspapers, is designed to address concerns that the bloc's expansion into eastern Europe could bring in leaders who flout democratic norms. "No more Viktor Orbán," Kos said. "We have to have quicker mechanisms than only article 7 if the newcomers would go against the rule of law, democracy or our values."

The existing Article 7 of the EU treaty allows voting rights to be removed for a "serious and persistent breach" of democratic values, but it has never been triggered despite lengthy discussions about democratic backsliding in Poland and Hungary. Under the new proposals, the threshold for imposing such sanctions would be lower. An EU official described the plan as "a big innovation and an important message to citizens in more enlargement-sceptical countries that we have a very strong framework even if something went wrong after enlargement."

However, the proposed safeguard would be time-limited, expiring after 15 years. Kos acknowledged that an unlimited arrangement would create "first and second-class members."

The push comes amid renewed momentum for EU enlargement following Russia's full-scale invasion of Ukraine in February 2022, which prompted Ukraine and Moldova to apply for membership. The shift has also revitalised accession efforts in the western Balkans, a region of 17.4 million people where Russia and China are competing for influence. Montenegro, Albania, Moldova and Ukraine are identified as frontrunners.

Existing member states must agree unanimously to admit new members, with scepticism high among French and Czech voters. Kos said she believed enlargement was politically possible, arguing that member states "understand what is at stake." She named Russia and China as "external disruptive forces, who are after our candidates," and said enlargement was "our strategic interest" to prevent others from "weaponising" Europe's neighbourhood against the bloc. Russia, she noted, had "invested millions" trying to deter countries from pursuing a European path.

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Analysis

Why This Matters

  • The proposal aims to reassure EU citizens in current member states that enlargement will not weaken the bloc's ability to enforce democratic standards, potentially reducing scepticism about admitting new countries.
  • A lower threshold for sanctions could change the EU's ability to respond to democratic backsliding, setting a precedent that might later apply to existing members.
  • Success or failure of this plan will affect the timetable for enlargement, with candidates like Ukraine and Moldova awaiting a clear path to membership.

Background

The European Union has expanded several times since its founding, with the most recent enlargements in 2004, 2007, and 2013. During these rounds, new members were subject to pre-accession conditions but not post-accession probation periods. The experience with Hungary under Viktor Orbán, whose government has been repeatedly criticised for undermining independent institutions and media freedom, exposed the difficulty of enforcing democratic values after accession. Article 7 proceedings were initiated but stalled due to mutual protection between Hungary and Poland. The current proposals represent a structural response to that experience.

Key Perspectives

EU Commission and enlargement advocates: The probation period provides a credible enforcement mechanism that makes enlargement more politically viable in sceptical member states. They argue it protects rather than creates second-class membership. Sceptical member states (France, Czech Republic, others): While some caution is welcome, they may push for even stronger permanent safeguards or slower accession timelines. Public opinion in several countries is wary of admitting new members, especially Ukraine. Candidate countries (Ukraine, Moldova, western Balkan states): They may view a probationary period as a necessary but somewhat unfair compromise. The time limit suggests eventual full equality, but the lower threshold for sanctions remains a risk.

What to Watch

  • Whether the proposal gains unanimous support among current member states, required to amend treaty provisions.
  • Reactions from Hungary and Poland, whose leaders may resist any precedent that could later be turned against them.
  • The pace of accession negotiations: if the probation plan is enacted, it could accelerate entry timelines for frontrunners like Montenegro and Albania.

Sources

Zotpaper

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