Thanking the Greeks. The Crisis of the Rule of Law in EU Enlargement Regulation

39 Southeastern Europe 2015 pp. 392-414

21 Pages Posted: 1 May 2015 Last revised: 2 Feb 2016

Elena Basheska

University of Groningen - Faculty of Law

Dimitry Kochenov

University of Groningen - Faculty of Law

Date Written: April 29, 2015

Abstract

This paper showcases the weaknesses of EU enlargement law and demonstrates how one Member State is notable for abusing this weakness, harming the candidate countries, the EU and the institutions alike, stripping EU position of predictability and undermining EU Commission’s efforts, thus severely decapacitating the key procedural rule of law component of EU enlargement regulation, turning it into a randomised political game and ignoring any long-term goals of stability, prosperity and peace the processes is to stand for. Following a walk through Greece’s engagement throughout a number of enlargement rounds, the paper concludes that the duty of loyalty, presumably able to discipline Member States undermining the common effort, should find a new meaning in the EU enlargement context.

Keywords: asymmetry, bilateral, conditionality, cooperation, disputes, enlargement, EU law

Suggested Citation

Basheska, Elena and Kochenov, Dimitry, Thanking the Greeks. The Crisis of the Rule of Law in EU Enlargement Regulation (April 29, 2015). 39 Southeastern Europe 2015 pp. 392-414. Available at SSRN: https://ssrn.com/abstract=2600499

Elena Basheska

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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