(12) Accesion and Membership in the EU Law of the European Union 2013 Filip Křepelka Economic and other integration of socialist countries •The Council of Mutual Economic Assistance (CMEA or COMECON in English) established in 1949. •It served coordination of planned economies of the member states. •Dominance of the Soviet Union according to level of submission of the member states. •Central and eastern European and non-European member states. •Warsaw Pact – military organization. Socialist Czechoslovakia and the European Communities •Socialist countries maintained limited relations with EC. •Attempts to delegitimize EC. •Subversive operations aimed at worsening of relations of west European countries. •Pragmatic recognition in trade. •Some other socialist countries launched closer cooperation in period of perestroika Preliminary contact after democratization •Velvet Revolution in 1989 – quick democratization without engagement of reformed communist party, first democratic elections in 1990. •1990 – preliminary agreement between Czechoslovakia and EC. •1991 – European agreement on association CS – EC did not entered into force due to breakup of Czechoslovakia in 1992. New state - Czech Republic •1993 – new Czech Republic and Slovakia as successor countries of Czechoslovakia. •Partial takeover and renegotiation of Czechoslovak international treaties. •1993 – accession to the Council of Europe •1999 – accession to the North Atlantic Treaty Organization (NATO). Association of the Czech Republic •New negotiation of association in 1993, the agreement entered into force in 1995. •The Agreement expected: •- gradual removal of customs duties on non-agricultural goods. •- limited liberalization of services and freedom of establishment. •- gradual approximation of Czech law in economic issues with requirements of the EC. Economic integration in central Europe •Former post socialist countries in central Europe did not want to retain CMEA which was untransformable and poorly oriented. • Central European Free Trade Area (CEFTA) in 1992 by Poland, Hungary, Czech Republic and Slovakia and later other CEE countries for free trade in goods. •Customs union and other closer relations including free movement of workers and enhanced administrative and judicial cooperation with Slovakia. Application for membership •1993 Copenhagen Presidency Conclusions – democracy, efficient market economy and administrative and judicial capacity as criteria for future accession of central European countries. •The Czech Republic applied for EC/EU membership in 1996 similarly as other other CEE countries did in that time. Invitation to negotiate •1998 – first group of CEE countries was invited to negotiate (CZ, PL, SLO, EE and H, SK excluded!) •2000 – second group of CEE countries invited (LV, LT, RO, BG, SK). •European Commission evaluated every year progress in preparation for membership. Negotiations on conditions of membership •2000-2002 12 countries negotiated on membership. •30 thematic chapters of negotiation between candidate country, EC/EU authorities and all then 15 member states. Consensus required for closure of every negotiation. •Competition in closing of chapters resulted in worse than possible outcome of negotiation – limited experience, willingness to accede. Approximation of laws •Czech laws need to be gradually adopted to EU law. •Implementation of both directives and temporary implementation of regulations in Czech law. •EC/EU law standards applicable partly earlier and partly in moment of accession. •The process culminated in 2000-2002 – „legislative storm“. Treaty on accession •2003/4 – treaty on accession agreed in Athens. •Short treaty with principal Act on Conditions of Accession and with numerous annexes and changes of secondary law – 5000 pages. •Treaty as part of EC/EU primary law applicable after ratification. Approval of accession •Referenda held in all candidate countries. •Czech Republic: 55% voters participating, 77% agreed and 23% opposed instead of parliamentary approval according to ad hoc constitutional law, then ratification by the president. •Parliamentary approvals and ratification by heads of states in every member state on whole treaty on accession with 10 candidate countries. •Separate approval of every candidate country by the European Parliament. • Routine after accession •Instant cessation of remaining customs duties. •Removal of customs controls at borders with other member states (CZ without external borders). •Application of all previously prepared standards. •Election to the European Parliament in 2004/6, nomination of Czech representatives in EU/EC institutions. • Temporary exceptions •7 years delay of free movement of workers. Limitations did not used by CZ and other new member states and several west European member states. •Similar exception related to acquisition of immovable proberty by non-resident nationals of the member states – ineffective. •Delayed implementation of standards related to pollution of water. • Instant application in part of administration •Part of Czech administrative autorities started to apply EC/EU law instantly after the accession. •Profound change for customs authorities (sudden drop of agenda, other tasks). •Agricultural and regional policy to be administered. •Coordination of social security for migrant workers. Gradual implementation in judiciary •Czech judiciary absorbed EC/EU law gradually due to lengthy proceedings in various instances. •Largest impact in administrative judiciary. •Smaller impact on civil and criminal judiciary. •Judges have only gradually started to learn about EU/EC law. Delays and troubles •Candidate countries and institutions of EU failed to translate and publish all EC/EU law in new official languages in time. •The task was underestimated. •Consequences for application. Complaints against imposition of duties. •Judgment of the Court of Justice (Skoma-Lux) accepted part of these complaints. Absorbtion of EC/EU law by lawyers •Most judges, attorneys, in-house councels and officers continue to apply mostly national, i.e. Czech law. •EC/EU law is applied only occassionally and the number of documents is extremery rare. •EU law as „rare and diverse spices“ added to staple food of national law. •Limited knowledge, experience and interest. Absorbtion of principles of EC/EU law in Czech legal practice •Czech courts gradually started to respect principles of EC/EU law. •Direct effect and primacy, indirect effect of directives for implementation of EC law. •Several requests for preliminary ruling by Czech courts. •Extraordinary rebellion of the Constitutional Court against primacy of EU law in one specific issue related to specific situation. • Economic impact of integration •Increased industrial production for internal trade in EU. •Economic slowdown since 2009 following global economic slowdown. •Use of agricultural for stabilization and regional subsidies for modernization. • • • Czech politics towards EU •Widespread scepticism towards EU integration at part of rightist parties (ODS) leading government since 2006 and former president (Klaus) •Indefinite delay in adoption of single currency – conditions partially met due to limited willingness and debt and currency crisis of the EU. Persistent problems of post-socialist central European countries •Post-socialist countries faced significant problems with transition to democracy and market economy. •Democratic institutions were weak and people were not accustomed to democracy. •Liberalization of neglected economy brought significant decline of production. •Social protection diminished. •Inefficient and administration and judiciary. •Widespread corruption.