Development prior to the Single European Act

The European Economic Community (EEC) came into existence following the sign­ing of the Treaty of Rome in 1957 by the six original Member States, France, Germany, Italy, Belgium, The Netherlands, and Luxembourg. A second Rome Treaty signed by the same six states created Euratom (the European Atomic Energy Community) on the same day. These treaties, but particularly the EEC Treaty, represented the cul­mination of a movement towards international cooperation which had been grow­ing throughout the twentieth century, and which was given particular impetus in Europe following the devastation inflicted by the Second World War.

The institutional model for the EEC had already been provided by the European Coal and Steel Community (ECSC) set up in 1951 with the Treaty of Paris by the same six states. However, the scope of the EEC was altogether wider. The ECSC was concerned only with creating a single market in coal and steel; the EEC was designed to create an economic community. Although its aims were primarily economic, to create a single 'common' market in Europe, they were not exclu­sively so. The founder members of the EEC were fired by ideals as well as economic practicalities. As stated in the preamble to the EEC Treaty, its signatories were ‘Determined to lay the foundations of an ever closer union among the peoples of Europe’, ‘Resolved by thus pooling their resources to preserve and strengthen peace and liberty'.

Although the institutional framework of the EEC, as of Euratom, was modelled on that of the ECSC, the three communities at the outset held only two institutions in common, the Assembly (subsequently renamed the Parliament) and the European Court of Justice (ECJ). It was not until the Merger Treaty 1965 that the other two main institutions merged. The High Authority, the executive body of the ECSC, merged with the EEC and Euratom Commission to form what is now the Commission, and the Council of Ministers of the ECSC with that of the EEC and Euratom to become a single Council. Henceforth the three communities continued to function as separate entities, but with shared institutions.

Enlargement

The United Kingdom, together with Denmark and the Republic of Ireland, finally joined the Communities in 1973 with the Treaty of Accession under a Conservative government led by Edward Heath. Incorporation of the Treaties into UK law was achieved by the European Communities Act 1972. (Norway joined at the same time but subsequently withdrew following a referendum which came out against membership.)

There were many reasons for the UK remaining outside the EEC for so long. The UK was reluctant to loosen its existing ties with the Commonwealth, which mem­bership of the EEC would clearly entail; it wished to retain its (perceived) 'special relationship' with the USA; and, as an island nation which had not been subject to enemy occupation during the First and Second World Wars, it no doubt lacked the sense of urgency which inspired the original Member States. Suspicious that membership of the EEC would involve an unacceptable loss of sovereignty, the UK preferred the looser ties of the European Free Trade Association (EFTA) which it entered on its creation in 1959. When the UK did seek to join the EEC, persuaded by its clear economic success, its entry was blocked for some years, largely due to the efforts of the French president, General de Gaulle. Even after accession in 1973 public opinion in the UK was divided; it was only following a referendum in favour of membership conducted in 1975 under the government of the Labour Party that the UK's membership was fully and finally confirmed.

In 1979 Greece, and in 1986 Spain and Portugal, signed acts of accession to join the EEC, bringing the then total membership to 12. Membership increased again with the accession of Austria, Finland and Sweden on 1 January 1995. Norway held a referendum which again resulted in a vote against membership. Expansion continued with the largest number of countries joining what had become the EU in one go, ten, acceding in 2004. These new Member States, sometimes referred to as the EU10, are, in alphabetical order, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia, resulting in an EU of 25. Two more Member States joined on 1 January 2007: Bulgaria and Romania despite some concerns about compliance with the Community acquis. Further expansion is planned.

The process of joining the EU involves several stages. A country must first of all apply, then be recognised as a candidate country, at which point formal negotia­tions are opened between the candidate country and the EU. The negotiations have the aim of concluding an accession treaty. After the signing of the accession treaty, there is usually a period before the treaty comes into force. Before a country can accede to the EU, it must satisfy the terms of Article 49 of the Treaty on European Union (TEU), Article 6 TEU, and three additional criteria: the Copenhagen Criteria.

Article 49 requires that a state be European, Article 6 requires respect for democracy, the rule of law, and respect for human rights. The Copenhagen criteria are:

• the political criterion (respect for democracy and human rights)

• the economic criterion (the need for viable market economies and the cap­acity to cope with competitive pressure and market forces within the EU)

• the ability to adopt the Community acquis.

During the accession period, the Commission will review progress of the country and publish its views.

Croatia (application submitted 21 February 2003), Turkey (application submitted 14 April 1987) and the Former Yugoslav Republic of Macedonia (application submitted 22 March 2004) have all applied to join the Union. More recently, Montenegro including Kosovo (as defined by the United Nations Security Council Resolution 1244 of 10 June 1999) (application submittted 16 December 2008) and Albania (application submitted 10 March 2009) have also applied to join, though there have been concerns about Albania's electoral processes. Additionally, the EU has established European partnerships with Bosnia-Herzegovina and Serbia, as they have been recognised as potential candidate countries. Croatia and the former Yugoslav Republic of Macedonia likewise entered into European partnerships, the purpose of which is to assist countries in preparing for membership of the EU. The position as regards these four countries has, to varying degrees, been contentious.

The Commission Communication stated that in the Commission's opinion Turkey satisfied the Copenhagen Criteria. The Commission additionally suggested using a three-tier strategy for the negotiations, to ensure the reform process in Turkey continues, with particular regard to the zero- tolerance policy towards torture and ill-treatment. The first pillar of the strategy deals with the political criterion and seeks to support the reform process. The EU will monitor the political reforms on an annual basis, and the Commission may suspend negotiations if there is a serious and persistent breach of the principles of liberty, democracy, respect for human rights and fundamental freedoms or the rule of law on which the Union is founded. If such a recommendation is made, the Council may, by a qualified majority, decide to suspend negotiations. This wording mirrors the wording found in the TEU regarding Member States' obligations to comply with human-rights obligations. The second pillar introduces an inter­governmental conference within which the negotiation process will be held. The Commission notes that amongst other factors, the EU will have to consider its financial position before negotiations can be concluded. The third pillar concerns cultural dialogue and dealing with differences in society and specifically the of minorities. The Commission aims to facilitate dialogue involving civil society, finally, the Commission in its Communication emphasised that Turkey's accession could not take place before 2014. In November 2005, the Council agreed to start negotiations, the process actually starting in Spring 2006. The Commission published a report on Turkey's progress towards accession to the EU. Although economic progress has been good, more is required, particularly in the labour market, social security, and the energy sector. Significantly, problems remain with Turkey's human-rights record, particularly its record regarding investigation of claims of abuse.

Croatia has been officially recognised as a candidate country and the Commission, in November 2004, recommended opening negotiations. The December 2004 European Council envisaged commencing negotiations the following March, pro­vided Croatia fully cooperated with the International Criminal Tribunal for the former Yugoslavia. On the day before negotiations were due to start, the European Council found that Croatia had not so cooperated and the Council of Ministers decided to postpone the commencement of accession negotiations with Croatia indefinitely. In November 2005, the European Council agreed to start the negoti­ation process. The Commission published a progress report in 2007, highlighting potential problems with corruption. Nonetheless, it was envis­aged that Croatia would join the EU in 2009. At the time of writing, the process has run into difficulty, due to a border dispute with Slovenia, in the resolution of which the EU is involved.

FYR Macedonia has also been recognised as an official candidate country. In 2007, the Commission reported on progress. According to the Commission, FYR Macedonia saw excellent economic growth, but unemployment was very high and the market economy was still struggling. In the political arena, concerns were raised about non-cooperation between the different political par­ties, which impeded the reforms, but improvements were made in respect of hu­man rights and the protection of minorities. Nonetheless, three years after FYR Macedonia was granted candidate status, negotiations for accession have not start­ed: the key outstanding condition is the ability to meet international standards for the conduct of free and fair elections, which is a core requirement to comply with the Copenhagen political criteria.

Despite these difficulties, and the current economic difficulties, the intention of the EU is to continue to work towards further enlargement, and perhaps to take the EU further. The Commission launched in late 2008 the Eastern Partnership which aims to facilitate travel; proposes cooperation on energy security; aims for better in­stitution building by borrowing instruments from the EU's enlargement policy; and puts a new emphasis on social and economic development. Further, if the Treaty of Lisbon comes into force, the TEU will contain a new provision on the EU's rela­tionship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness (Article 8 TEU, as amended by Lisbon).