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EU Enlargement Law: History and Recent Developments: Treaty Custom Concubinage?

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  • Kochenov, Dimitry

Abstract

This note provides a detailed account of the development of the EU enlargement law. Based on the material provided by the latest enlargement round, it outlines the main set of enlargement principles, criteria and procedural tools employed by the Union in the process, also making a sketch of the actual chronology of enlargement events. Based on the analysis of the legal regulation of five rounds of enlargement and making parallels with the notion of customary law as understood in public international law, it argues that the Union enlargements have always enjoyed a dual regulation: by written (mostly Treaty based) and also by customary enlargement law. The existence of customary law explains the consistency of enlargement regulation throughout all the rounds of this process, notwithstanding the stage of the Treaty reform in force at the time of every particular accession. The minimal amendments introduced into the enlargement article by the Treaty Establishing a Constitution for Europe (Art. I-58) suggest that the future enlargements are likely to be building on the body of customary law in force to date. The process of gradual incorporation of customary law into the written law of the EU is also likely to continue.

Suggested Citation

  • Kochenov, Dimitry, 2005. "EU Enlargement Law: History and Recent Developments: Treaty Custom Concubinage?," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 9, April.
    • Handle: RePEc:erp:eiopxx:p0132
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    References listed on IDEAS

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    1. Andras Inotai, 2000. "Reflections on the timing of EU enlargement," IWE Working Papers 107, Institute for World Economics - Centre for Economic and Regional Studies.
    2. Anonymous, 1963. "Council of Europe," International Organization, Cambridge University Press, vol. 17(3), pages 820-822, July.
    3. Anonymous, 1964. "Council of Europe," International Organization, Cambridge University Press, vol. 18(4), pages 876-878, October.
    4. Falkner, Gerda & Nentwich, Michael, 2000. "Enlarging the European Union: The short-term success of incrementalism and de-politicisation," MPIfG Working Paper 00/4, Max Planck Institute for the Study of Societies.
    5. Anonymous, 1963. "Council of Europe," International Organization, Cambridge University Press, vol. 17(1), pages 288-293, January.
    6. Anonymous, 1964. "Council of Europe," International Organization, Cambridge University Press, vol. 18(1), pages 200-204, January.
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    Cited by:

    1. Bojinović Fenko Ana & Urlić Ana, 2015. "Political Criteria vs. Political Conditionality: Comparative analysis of Slovenian and Croatian European Union accession processes," Croatian International Relations Review, Sciendo, vol. 21(72), pages 107-137, February.

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