Copenhagen criteria
Encyclopedia
The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union
Enlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
. The criteria require that a state has the institutions to preserve democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
governance and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, has a functioning market economy
Market economy
A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
, and accepts the obligations and intent of the EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. These membership criteria were laid down at the June 1993 European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, from which they take their name. Excerpt from the Copenhagen Presidency conclusions:
Most of these elements have been clarified over the last decade by legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
of the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
, the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
and the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, as well as by the case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
and the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. However, there are sometimes slightly conflicting interpretations in current member states—some examples of this are given below.
European Union membership criteria
During the negotiations with each candidate country, progress towards meeting the Copenhagen criteria is regularly monitored. On the basis of this, decisions are made as to whether and when a particular country should join, or what actions need to be taken before joining is possible.The European Union Membership criteria are defined by the three documents:
- The 1992 Treaty of MaastrichtMaastricht TreatyThe Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
(Article 49) - The declaration of the June 1993 European CouncilEuropean CouncilThe European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in CopenhagenCopenhagenCopenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
, i.e., Copenhagen criteria—describing the general policy in more details- political
- economic
- legislative
- Framework for negotiations with a particular candidate state
- specific and detailed conditions
- statement stressing that the new member cannot take its place in the Union until it is considered that the EU itself has enough "absorption capacity" for this to happen.
When agreed in 1993, there was no mechanism for ensuring that any country which was already an EU member state was in compliance with these criteria. However, arrangements have now been put in place to police compliance with these criteria, following the "sanctions" imposed against the Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
n government of Wolfgang Schüssel
Wolfgang Schüssel
Wolfgang Schüssel is an Austrian People's Party politician. He was Chancellor of Austria for two consecutive terms from February 2000 to January 2007...
in early 2000 by the other 14 Member States' governments. These arrangements came into effect on 1 February 2003 under the provisions of the Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
.
Article 49 (formerly Article O) of the Treaty on European Union (TEU) or Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
states that any European country that respects the principles of the EU may apply to join. Countries classification as European is "subject to political assessment" by the Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
and more importantly—the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
.
Although non-European states are not considered eligible to be members, they may enjoy varying degrees of integration with the EU, set out by international agreements. The general capacity of the community and the member states to conclude association agreements with third countries is being developed. Moreover, specific frameworks for integration with third countries are emerging—including most prominently the European Neighbourhood Policy
European Neighbourhood Policy
The European Neighbourhood Policy is a foreign relations instrument of the European Union which seeks to tie those countries to the east and south of the EU into the EU...
(ENP). This notably replaces the Barcelona process which previously provided the framework for the EU's relations with its Mediterranean neighbours in Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
and the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
. The ENP should not be confused with the Stabilisation and Association Process
Stabilisation and Association process
In talks with countries who have expressed a wish to join the European Union, the EU typically concludes Association Agreements in exchange for commitments to political, economic, trade, or human rights reform in that country...
in the Western Balkans or the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
. Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
does not fall within the scope of the ENP, but is subject to a separate framework. The European Neighbourhood Policy can be interpreted as the drawing up of the Union's borders for the foreseeable future. Another way the EU is integrating with neighbouring countries is through the Mediterranean Union, made up of EU countries and others bordering the mediterranean sea.
Democracy
Functional democraticDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
governance requires that all citizens of the country should be able to participate, on an equal basis, in the political decision making at every single governing level, from local municipalities up to the highest, national, level. This also requires free election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s with a secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
, the right to establish political parties
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
without any hindrance from the state, fair and equal access to a free press
Publishing
Publishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
, free trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
organisations, freedom of personal opinion, and executive powers restricted by laws and allowing free access to judges independent of the executive.
Rule of law
The rule of lawRule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
implies that government authority may only be exercised in accordance with documented laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases.
Human rights
Human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
are those rights which every person holds because of their quality as a human being; human rights are "inalienable" and belonging to all humans. If a right is inalienable, that means it cannot be bestowed, granted, limited, bartered away, or sold away (e.g. one cannot sell oneself into slavery). These include the right to life, the right to be prosecuted only according to the laws that are in existence at the time of the offence, the right to be free from slavery, and the right to be free from torture.
The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
is considered the most authoritative formulation of human rights, although it lacks the more effective enforcement mechanism of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The requirement to fall in line with this formulation forced several nations that recently joined the EU to implement major changes in their legislation, public services and judiciary. Many of the changes involved the treatment of ethnic and religious minorities, or removal of disparities of treatment between different political factions.
Respect for and protection of minorities
Members of such national minorities should be able to maintain their distinctive culture and practices, including their language (as far as not contrary to the human rights of other people, nor to democratic procedures and rule of law), without suffering any discrimination (see also the 'Convention for the Protection of National Minorities', COE, 1995).A relevant Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
convention was a major breakthrough in this field. However, the area was so sensitive that the convention did not yet include a clear definition of such minorities. As a result, many of the signatory states added official clarifications to their signature on which minorities in their country were involved. Some examples follow. Declarations made with respect to treaty No. 157. Framework Convention for the Protection of National Minorities include:
- in DenmarkDenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
: the 'German minority in South Jutland'; - in GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
: 'Danes of German citizenship and the members of the Sorbian (LusatiaLusatiaLusatia is a historical region in Central Europe. It stretches from the Bóbr and Kwisa rivers in the east to the Elbe valley in the west, today located within the German states of Saxony and Brandenburg as well as in the Lower Silesian and Lubusz voivodeships of western Poland...
SorbsSorbsSorbs are a Western Slavic people of Central Europe living predominantly in Lusatia, a region on the territory of Germany and Poland. In Germany they live in the states of Brandenburg and Saxony. They speak the Sorbian languages - closely related to Polish and Czech - officially recognized and...
) people with German citizenship....the ethnic groups traditionally resident in Germany, the Frisians of German citizenship and the Sinti and Roma of German citizenship'; - in SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
: 'Italian and Hungarian National Minorities' - in SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
: 'Hungarian Minorities' - in the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Cornish minority in Cornwall and Irish Nationalists and Republicans in Northern Ireland. - in AustriaAustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
the Serbian, Croatian, Slovenian, Hungarian, Czech, Slovak, Roma, and Sinti groups. - in RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
(Romania recognizes 19 national minorities - the electoral law guarantees them parliamentary representation) - in IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
: Irish TravellerIrish TravellerIrish Travellers are a traditionally nomadic people of ethnic Irish origin, who maintain a separate language and set of traditions. They live predominantly in the Republic of Ireland, the United Kingdom and the United States.-Etymology:...
s.
Many other signatories simply stated that they do not have any national minorities as so defined.
A consensus was reached (among other legal experts, the so-called groups of Venice) that this convention refers to any ethnic, linguistic or religious people that defines itself as a distinctive group, that forms the historic population or a significant historic and current minority in a well-defined area, and that maintains stable and friendly relations with the state in which it lives. Some experts and countries wanted to go further. Nevertheless, recent minorities, such as immigrant populations, have nowhere been listed by signatory countries as minorities concerned by this convention.
Economic criteria
The economic criteria, broadly speaking, require that candidate countries have a functioning market economyMarket economy
A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
and that their producers have the capability to cope with competitive pressure and market forces within the Union. The Euro convergence criteria and
European Exchange Rate Mechanism
European Exchange Rate Mechanism
The European Exchange Rate Mechanism, ERM, was a system introduced by the European Community in March 1979, as part of the European Monetary System , to reduce exchange rate variability and achieve monetary stability in Europe, in preparation for Economic and Monetary Union and the introduction of...
has been used to prepare countries for joining the Eurozone
Eurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
, both founding and later members.
Legislative alignment
Finally, and technically outside the Copenhagen criteria, comes the further requirement that all prospective members must enact legislation in order to bring their laws into line with the body of European law built up over the history of the Union, known as the acquis communautaire. In preparing for each admission, the acquis is divided into separate chapters, each dealing with different policy areas. For the process of the fifth enlargementEnlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
that concluded with the admission of Bulgaria and Romania in 2007
2007 enlargement of the European Union
The 2007 enlargement of the European Union saw Bulgaria and Romania join the European Union on 1 January 2007. It was the latest expansion of the EU, though considered by the European Commission as part of the same wave as the 2004 enlargement of the European Union.-Negotiations:Romania was the...
, there were 31 chapters. For the talks with Croatia
Accession of Croatia to the European Union
Croatia applied for European Union membership in 2003, and the European Commission recommended making it an official candidate in early 2004. Candidate country status was granted to Croatia by the European Council in mid-2004...
, Turkey
Accession of Turkey to the European Union
Turkey's application to accede to the European Union was made on 14 April 1987. Turkey has been an associate member of the European Union and its predecessors since 1963...
and Iceland the acquis has been split further into 35 chapters.