Mechanism for Cooperation and Verification
The Mechanism for Cooperation and Verification (CVM) was a safeguard measure invoked by the
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
In some cases the derogation is not temporary but permanent. Such derogations can be either major opt-outs in the European Union (formulated in a treaty) or minor derogations like the exemption of Sweden from the snus ban (formulated in EU legislation).
Both opt-outs and CVMs suspend the application of relevant provisions of
In contrast to temporary derogations, which 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 the fulfilment of benchmarks in the regular reports issued by the European Commission. That is similar to the permanent derogations on
Legal base
The accession treaties include provisions such as:
If [the acceding state] has failed to implement commitments undertaken in the context of the accession negotiations, causing a serious breach of the functioning of the
internal market, ..., the Commission may, until the end of a period of up to three years after accession, ..., take appropriate measures. ... The safeguard clause may be invoked even before accession ... The measures ... shall be lifted when the relevant commitment is implemented. They may however be applied beyond the period [of three years after accession] as long as the relevant commitments have not been fulfilled.— Act of Accession of Bulgaria and Romania, Article 37[5]
If there are serious shortcomings ... in [the acceding state] in the transposition [of
civil matters ..., the Commission may, until the end of a period of up to three years after accession, ..., take appropriate measures. ... These measures may take the form of temporary suspension of the application of relevant provisions ... in the relations between the acceding state and any other Member State ... The safeguard clause may be invoked even before accession ... The measures ... shall be lifted when the shortcomings are remedied. They may however be applied beyond the period [of three years after accession] as long as these shortcomings persist.— Act of Accession of Bulgaria and Romania, Article 38[5]
Implementation
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On 13 December 2006 the commission established the following mechanisms for cooperation and verification of progress:
- for Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption[6]
- for organised crime[7]
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."
No further safeguards were invoked in the three year transition period specified in the accession protocols following the 2007 enlargement to Bulgaria and Romania.
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[citation needed], 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.
Table
country | permanent acquis suspension conditional on benchmarks to be met by member state
| |||
---|---|---|---|---|
European single market | Criminal law mutual recognition |
Civil matters
mutual recognition | ||
Bulgaria | Safeguards not invoked | Safeguards formerly invoked | Safeguards formerly invoked | |
Romania | Safeguards not invoked | Safeguards formerly invoked | Safeguards formerly invoked |
Developments
Bulgaria
In October 2019, the European Commission requested the lifting of CVM for Bulgaria, meaning that the Commission will no longer monitor or report on Bulgaria under CVM but via the annual Rule of Law Report, as for all other EU member states.[8] However, final decision is pending with review from the European Council.[8][9] In September 2021, after the United States sanctioned three Bulgarians with mafia links under the Magnitsky Act, EU Commissioner for Home Affairs Ylva Johansson admitted in a European Parliament session that "EU has not done its job" if corruption continues to erode rule of law in Bulgaria.[9]
Romania
In November 2022, the European Commission requested the lifting of CVM for Romania, meaning that the Commission will no longer monitor or report on Romania under CVM but via the annual Rule of Law Report, as for all other EU member states.[10][11] However, final decision is pending with review from the European Council.[11]
Closure
In July 2023, European Commission Vice President Věra Jourová stated that the Commission is sending a letter to the Council and the European Parliament intending to close CVM for Bulgaria and Romania, expecting the Council to "make observations by 25 August."[12] On 15 September 2023, the European Commission formally closed the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania.[13][14] Much of the ongoing monitoring will be continued under the EU's annual Rule of Law Cycle, which applies to all EU member states.[15]
Future usage
Croatian accession
Future members
After the European Commission formally closed the CVM reports for both Bulgaria and Romania on 15 September 2023, the European Commission has decided to not use CVM for aspiring members of the EU. Instead, the Commission expects every new member to join the EU without deficiencies that would require special monitoring, like how the CVM reports were used for Bulgaria and Romania.[17]
The decision to end CVM for future members was also because the EU recently introduced its new Rule of Law mechanism in 2019, which monitors all member states, including Bulgaria and Romania, which now use the standard Rule of Law cycle instead of the CVM reports.[17]
See also
- Enhanced co-operation
- Multi-speed Europe
- European integration
References
- ^ Results of the accession negotiations with Croatia
- Acts of Accession1994: Austria, Finland, Sweden;
Acts of Accession 1985: Portugal, Spain;
Acts of Accession 1979: Greece;
Acts of Accession 1972: Denmark, Ireland, United Kingdom. - ^ Such as Sweden in regards to joining the eurozone.
- ^ A procedure by which an EU member states is allowed to establish advanced integration or cooperation in an area within EU structures but without the involvement of other members.
- ^ a b Act of Accession of Bulgaria and Romania
- ^ Romania CVM
- ^ Bulgaria CVM
- ^ a b "Press corner". European Commission - European Commission. Retrieved 12 June 2023.
- ^ a b "Commission acknowledges its Bulgaria failures". www.euractiv.com. 16 September 2021. Retrieved 12 June 2023.
- ^ [1]
- ^ a b "Press corner". European Commission - European Commission. Retrieved 12 June 2023.
- ^ "Jourová says no more obstacles for Bulgaria, Romania Schengen accession". www.euractiv.com. 5 July 2023. Retrieved 6 July 2023.
- ^ https://sofiaglobe.com/2023/09/15/ec-formally-closes-cooperation-and-verification-mechanism-for-bulgaria-and-romania/
- ^ "Rule of Law: Commission formally closes the Cooperation and Verification Mechanism for Bulgaria and Romania". European Commission. 15 September 2023. Retrieved 17 September 2023.
- ^ "Bulgaria and Romania off the hook for judicial deficiencies". www.euractiv.com. 15 September 2023. Retrieved 15 September 2023.
- ^ EURACTIV - Croatia
- ^ a b "Bulgaria and Romania off the hook for judicial deficiencies". www.euractiv.com. 15 September 2023. Retrieved 21 September 2023.