Mechanism for Cooperation and Verification
Encyclopedia
The Mechanism for Cooperation and Verification (CVM) is safeguard measure invoked by the European Commission
in case some new member or acceding state
of the European Union
has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom, security and justice
or internal market
policy.
include provisions such as:
safeguard clause has not been invoked so far. The safeguard clause for criminal law
and civil matters
was invoked in regards to the countries of the 2007 enlargement
.
On 13 December 2006 the Commission established the following mechanisms for cooperation and verification of progress:
These measures entered into force as of the first day of accession, 1.1.2007.
The Commission assessed that "When they joined the EU on 1 January 2007, Romania and Bulgaria still had progress to make in the fields of judicial reform, corruption and organised crime. To smooth the entry of both countries and at the same time safeguard the workings of its policies and institutions, the EU decided to establish a special "cooperation and verification mechanism" to help them address these outstanding shortcomings."
The Commission issues reports under the Cooperation and Verification Mechanism every 6 months on progress with judicial reform, the fight against corruption and, concerning Bulgaria, the fight against organised crime.
So far, no suspensions are enforced, but the possibility for those is stated in paragraph 7 of the decisions for CVM establishment from 2006.
) or for the old member states (for example free movement of workers). Such temporary transitional periods in regards to particular member states are also implemented when various new pieces of EU legislation are adopted .
In some cases the derogation is not temporary, but permanent. Such derogations could be one of the major Opt-outs in the European Union
(formulated in a treaty
) or some minor derogations like the exemption of Sweden
from the snus
ban (formulated in EU legislation).
Both an opt-out and an CVM constitute a suspension of the application of relevant provisions of EU law in regards to a particular member state, but in contrast to the opt-outs, that are established on initiative of the state concerned, the CVM is established on initiative of the Commission.
In contrast to the temporary derogations, that are automatically discontinued after the end of the transitional period, the Mechanism for Cooperation and Verification is permanent and its discontinuation is conditional only on the positive assessment of benchmarks fulfillment in the regular reports issued by the Commission. This is similar to the permanent derogations on Eurozone
and Schengen Area
for new member states (formulated in accession treaties
), whose discontinuation is also conditional the on fulfillment of benchmarks (like the convergence criteria
) and similarly assessed in regular progress reports. According to the treaties the new member states are obliged to fulfill the benchmarks for discontinuation of both these permanent derogations and the CVMs, but some of them deliberately delay these processes. The CVM is thus different from the Enhanced co-operation
mechanism, where generally all EU members are free to opt-in at any time into an already established Enhanced co-operation initiative, without preconditions.
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so as of 2011 no new safeguards can be invoked.
Croatia
is expected to be the next state to accede to the European Union
in 2012 or 2013, but so far there are no indications that a safeguard clause would be invoked for it.
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....
in case some new member or acceding state
Future enlargement of the European Union
The future enlargement of the European Union is theoretically open to any European country which is democratic, operates a free market and is willing and able to implement all previous European Union law...
of the European Union
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...
has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom, security and justice
Area of freedom, security and justice
The area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus...
or internal market
Internal Market (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
policy.
Legal base
The accession treatiesTreaty of Accession
The Treaty of Accession can refer to the following treaties of the European Union:*Treaty of Accession 2005*Treaty of Accession 2003The following Acts of Accession:*Acts of Accession of Denmark, Ireland and the United Kingdom, signed on 22 January 1972...
include provisions such as:
Implementation
The internal marketInternal Market (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
safeguard clause has not been invoked so far. The safeguard clause for criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and civil matters
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
was invoked in regards to the countries of the 2007 enlargement
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...
.
On 13 December 2006 the Commission established the following mechanisms for cooperation and verification of progress:
- for 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...
to address specific benchmarks in the areas of judicial reformJudicial ReformJudicial reform is the complete or partial political reform of a country's judiciary. Judicial reform is often done as a part of wider reform of the countrys political system or a legal reform....
and the fight against corruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by... - for BulgariaBulgariaBulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
to address specific benchmarks in the areas of judicial reformJudicial ReformJudicial reform is the complete or partial political reform of a country's judiciary. Judicial reform is often done as a part of wider reform of the countrys political system or a legal reform....
and the fight against corruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
and organised crime
These measures entered into force as of the first day of accession, 1.1.2007.
The Commission assessed that "When they joined the EU on 1 January 2007, Romania and Bulgaria still had progress to make in the fields of judicial reform, corruption and organised crime. To smooth the entry of both countries and at the same time safeguard the workings of its policies and institutions, the EU decided to establish a special "cooperation and verification mechanism" to help them address these outstanding shortcomings."
The Commission issues reports under the Cooperation and Verification Mechanism every 6 months on progress with judicial reform, the fight against corruption and, concerning Bulgaria, the fight against organised crime.
So far, no suspensions are enforced, but the possibility for those is stated in paragraph 7 of the decisions for CVM establishment from 2006.
Benchmarks for Romania
- Ensure a more transparent, and efficient judicial process notably by enhancing the capacity and accountability of the Superior Council of Magistracy. Report and monitor the impact of the new civil and penal procedures codes.
- Establish, as foreseen, an integrity agency with responsibilities for verifying assets, incompatibilities and potential conflicts of interest, and for issuing mandatory decisions on the basis of which dissuasive sanctions can be taken.
- Building on progress already made, continue to conduct professional, non-partisan investigations into allegations of high-level corruption.
- Take further measures to prevent and fight against corruption, in particular within the local government.
Benchmarks for Bulgaria
- Adopt constitutional amendments removing any ambiguity regarding the independence and accountability of the judicial system.
- Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and the new civil procedure code. Report on the impact of these new laws and of the penal and administrative procedure codes, notably on the pre-trial phase.
- Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the impact of this reform and publish the results annually.
- Conduct and report on professional, non-partisan investigations into allegations of high-level corruption. Report on internal inspections of public institutions and on the publication of assets of high-level officials.
- Take further measures to prevent and fight corruption, in particular at the borders and within local government.
- Implement a strategy to fight organised crime, focussing on serious crime, money laundering as well as on the systematic confiscation of assets of criminals. Report on new and ongoing investigations, indictments and convictions in these areas.
Background
Common practice in the EU is that during accession negotiations there are agreed some temporary transitional periods after accession of new states for derogation of application for specific parts of the acquis communautaire, because of difficulties either for the new member state (for example environmental regulations for large combustion plantsThermal power station
A thermal power station is a power plant in which the prime mover is steam driven. Water is heated, turns into steam and spins a steam turbine which drives an electrical generator. After it passes through the turbine, the steam is condensed in a condenser and recycled to where it was heated; this...
) or for the old member states (for example free movement of workers). Such temporary transitional periods in regards to particular member states are also implemented when various new pieces of EU legislation are adopted .
In some cases the derogation is not temporary, but permanent. Such derogations could be one of the major Opt-outs in the European Union
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
(formulated in a treaty
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
) or some minor derogations like the exemption of Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
from the snus
Snus
Snus , or Swedish snuff, is a moist powder tobacco product originated from a variant of dry snuff in the early 19th century in Sweden, consumed by placing it under the lip for extended periods of time. The precursor of snus, the dry form of snuff inhaled through the nose, was introduced in Europe...
ban (formulated in EU legislation).
Both an opt-out and an CVM constitute a suspension of the application of relevant provisions of EU law in regards to a particular member state, but in contrast to the opt-outs, that are established on initiative of the state concerned, the CVM is established on initiative of the Commission.
In contrast to the temporary derogations, that are automatically discontinued after the end of the transitional period, the Mechanism for Cooperation and Verification is permanent and its discontinuation is conditional only on the positive assessment of benchmarks fulfillment in the regular reports issued by the Commission. This is similar to the permanent derogations on 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...
and Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...
for new member states (formulated in accession treaties
Treaty of Accession
The Treaty of Accession can refer to the following treaties of the European Union:*Treaty of Accession 2005*Treaty of Accession 2003The following Acts of Accession:*Acts of Accession of Denmark, Ireland and the United Kingdom, signed on 22 January 1972...
), whose discontinuation is also conditional the on fulfillment of benchmarks (like the convergence criteria
Convergence criteria
The euro convergence criteria are the criteria for European Union member states to enter the third stage of European Economic and Monetary Union and adopt the euro as their currency...
) and similarly assessed in regular progress reports. According to the treaties the new member states are obliged to fulfill the benchmarks for discontinuation of both these permanent derogations and the CVMs, but some of them deliberately delay these processes. The CVM is thus different from the Enhanced co-operation
Enhanced co-operation
In the European Union , enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved...
mechanism, where generally all EU members are free to opt-in at any time into an already established Enhanced co-operation initiative, without preconditions.
Table
| country | permanent acquis suspension conditional on benchmarks to be met by member state | ||
|---|---|---|---|
| Schengen Area Schengen Area The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985... |
EMU Economic and Monetary Union of the European Union The Economic and Monetary Union is an umbrella term for the group of policies aimed at converging the economies of members of the European Union in three stages so as to allow them to adopt a single currency, the euro. As such, it is largely synonymous with the eurozone.All member states of the... |
Criminal law Criminal law Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey... mutual recognition Area of freedom, security and justice The area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus... |
Civil matters Civil law (area) Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law... mutual recognition Area of freedom, security and justice The area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus... |
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Future usage
More than three years has passed since the last 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...
so as of 2011 no new safeguards can be invoked.
Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
is expected to be the next state to accede to the European Union
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...
in 2012 or 2013, but so far there are no indications that a safeguard clause would be invoked for it.