THE NATIONAL STRATEGY FOR THE PREPARATION OF ROMANIA'S ACCESSION TO THE EUROPEAN UNION

Romania's accession to the European Union have represented a fundamental strategic goal for the Romanian society. This option is based on the convergence of political and social forces and aims at that solid integration of the country into the European system of values, the development of the Romanian society on the democratic and market economy principles so as to assure the social stability and the prosperity of the citizens and of the nation.

The accession had to serve to the promotion of the national interest and to the development of the economic potential and of the Romanian cultural heritage, thus becoming an essential element of the national solidarity.

After the 1989 Revolution, the integration of Romania into the European and Euro-Atlantic structures (by joining the E.U. and N.A.T.O.) represented a major, steady and long-term objective of Romania's domestic and foreign policy.

This objective has been the task of all the governments in Bucharest, for the last 15 years and it has a landslide support of public opinion, of the political and intellectual elite, of all the political parties. All parties, syndicates, cults, non-government organizations agree 333b17d d to keep up Romania's European integration process, signing the National Strategy of the Accession to the E.U., in 1995. Today, neither political party, nor non-governmental organization asserts itself against European integration (unlike other countries). Public surveys confirm that 80% of the Romanians highly uphold the idea of European integration, desiring a Western living standard.

Nevertheless, this truth is arguable. Most Romanians support European integration without any knowledge of actual costs of the integration or understanding of the complexity of the fact. The 2007 accession impact will reduce the number of the European integration followers, as it happened in the neighbouring countries which became part of the European Union starting May 1st, 2004 (Hungary, Poland and so on). Only one party, the “Romania Mare” Party („Greater Romania” Party), considered nationalist and extremist, has seldom criticized the European integration, with no overt rejection. After 1995, this party was isolated in the political panorama and has always been kept back in the opposition; all parties discarded alliance with it, truthfully in the perspective of the European integration.

All the governments in Bucharest since 1989 have claimed “Romania's integration in the European and Euro-Atlantic structures” and embraced reforms necessary to a transition to democracy and free market. Among these governments, some proved a lesser political determination or a less significant administrative capability to put into practice unpopular, radical reforms. No “shock therapy” was employed. Straightforwardly, the “communist legacy” was more profound here rather than in other countries. In Romania, Ceausescu's hard-line, totalitarian, neo-Stalinist regime was more aggressive with no consent for either opposition or “civilian society”, and after 1980, he isolated the country in a much greater degree than other communist countries, depriving the population of basic goods. Romania was officially rated as “a developing country”, following other communist countries, such as Czechoslovakia and Hungary, classified as “medium-developed countries”. Romanian economy was more centralized and lagging behind, as private enterprise was forbidden (unlike Hungary where the communist regime allowed the activity of small private companies, or in Poland, where the peasants kept the possession of undersized properties).¹ This heavy burden was followed, after 1989, by a too sluggish accomplishment of the required reforms, in an environment of poverty, corruption, undue and wasteful bureaucracy, in compliance with the laws, former hard-liner mentalities, the revolts of the miners and so forth. These particulars also mentioned in the regular reports of the European Commission ranked Romania last among the East-European candidate countries to enter the European Union, however, without excluding it. Hindered and postponed, Romania continued its way to the European Union notwithstanding.

In 1993, Romania entered the Council of Europe and allowed the latter's monitoring. The European Court for Human Rights imposes several decisions on human rights observance. The Parliament of the European Union includes Romanian members too.

The November 2002 Prague NATO Summit invited Romania to join the Alliance. Since April 2, 2004, Romania has been a full member of NATO and has continued to actively participate in the military operations in Iraq, Afghanistan and Kossovo.

The December 1999 Helsinki European Council decided to start the EU integration talks with Romania and other East-European countries. Ten candidate countries have joined factually since May 1, 2004 while Romania succeeded to close the integration negotiations. On April 25, 2005, Romania and Bulgaria conjointly signed the Treaty of Accession and will join the EU on January 1, 2007, providing they meet all the assignments required during negotiations. Having signed the Treaty of Accession, Romania will send its representatives as observers in all EU institutions (EU Parliament, Council of Ministers, European Council).

For several years the President and the Prime Minister of Romania have already participated in the European Council meetings. During the debates on the “Project of Treaty Establishing a Constitution for Europe” held by the European Convention, Romanian Government representative, Minister Hildegard Puwak and Parliament member Adrian Severin partook assertively. Romanian President, Ion Iliescu signed the Treaty Establishing a Constitution for Europe on October 29, 2004, which will be validated by the signing countries in the following 2 years, including Romania as well.

Our society is tormented by several questions regarding the European integration: Is Romania a European country or not? By this European integration wouldn’t the Romanians lose their national identity? Why is Romania kept outside the doors of Europe until 2007? Which are the requirements to be met for Romania to join the EU? Which are the benefits, and the costs as well, of Romania’s integration in the EU?

1. Is Romania a European country or not?

Geographically, historically and culturally, Romania belongs to Europe. On the contrary, it does not belong to the EU and Western capitalist civilization. Conventionally, the geographic concept of Europe comprises the area between the Atlantic Ocean and the Ural Mountains. The historical concept of Europe consists in the historical sphere of the evolution of the human society which had created the present European civilization. The cultural concept of Europe defines a European culture of unity in diversity, founded on the collective historical heritage of the Greek culture, Roman civilization and Jewish-Christian spirituality, modern Parliamentarian democracy, contemporary science and technique, as revealed by the philosopher Andrei Marga.² Eventually, the institutional concept of Europe refers to the European Union (EU).

2. By this European integration wouldn’t the Romanians lose their national identity?

The European Union does not aim at either subduing the national states or suppressing the national identity of a state. It is an overt truth, that although integrated in the EU, the French are nonetheless French as well as the Dutch or Greeks. The EU did not impose an official language; all the 25 languages of the member states are official in the same manner: English, French, German, Spanish, Polish, Czech, Greek, Hungarian etc. Certainly, English and French, as universal convention languages are mainly employed in the EU institutions. In the voting system recognized in the European institutions, no predominance of a great power over smaller states or of 2 or 3 great powers is allowed. Luxembourg or Portugal well represented in the European institutions do not sense any domination of Germany, France or Great Britain. The European Commission was also headed by Presidents from smaller countries such as Luxembourg (Jaques Santér – former Prime Minister) or Portugal (Jose Barroso – former Prime Minister). EU is a unity in diversity, a very pluralistic community.

As a result, in a future integrated Europe, no one will oblige the Romanians, the European Hungarians or Germans to give up on their language, religion, customs, particular culture, or national identity. The EU needs European Romanians and European Hungarians, no some European from nowhere. The EU does not resemble the Soviet Union or the USA.

3. Then why the European Union voted Romania’s accession as far as 2007?

First of all, the European Union is a customs union and a single European market, with free movement of persons, of goods, of capitals, and freedom to provide services as well. Including Romania will compel it to suppress import customs taxes, uncovering itself to a free competition with the powerful Western economy. The feeble Romanian economy would very soon collapse and the people would become unemployed. It would also be a disaster for Romania, as well as for the Western world, because, under such conditions, the Romanians might lack purchasing capabilities for Western goods. On the other hand, the free movement of persons may allow settling down and working without restraint in Germany, France, England, Spain, Italy, where the living standard is much higher. But then, how many young persons would remain in Romania?

Therefore, this is why Romania may not join the EU only after becoming compatible with its economic development level and living standard. Before Romania enters Europe, Europe must come to Romania and we have to bring Europe home. This is a matter of civilization (a developed capitalist economy, democracy, a Western-style justice), not a favourable vote on the part of the EU. Joining NATO is much easier as this is a political subject of a vote, of a political and military alliance. The issue of Romania’s joining the EU is that of a social and economical capitalist development according to Western patterns and this has to be done for the interest of Romania and not of Europe. By means of this approach, the national idea is perfectly harmonized with the European one. We have to be fully compatible and competitive in a European fashion. Yet again, if we bring Europe home, we will be able to enter Europe.

Which are the requirements to be met for Romania to join the EU?

In order to enter the EU, Romania, as well as all the other countries, has to apply the same conventions and standards already applicable in the member states. These regulations were reasserted and defined once more by the European Council in Copenhagen, in June 1993, identified as the Copenhagen Criteria for Membership. Romania and all the candidate countries have to fulfil the Copenhagen Criteria for Membership: Political Criteria, Economic Criteria and Ability to assume the obligations of membership.

5.Which are the benefits, and the costs as well, of Romania’s accession to the EU?

After accession, Romanian citizens will enjoy both the benefits and the costs implied in the single European market, the free movement of individuals, goods, services and capital, as well as the shared policies of the European Union. Moreover, they will automatically become European citizens with full rights. European citizenship is conditioned by the national one and rounds it out, adding new rights:

- the right to freely move and settle down in one of the member states;

- the right to vote and become eligible in the residence state, in European and local elections, under certain conditions;

- the right to address a petition to the European Parliament;

- the right to address a formal request to the European Council on the faulty performance of communitarian institutions;

- personal protection offered by the embassies and consulates of any member state, on the territory of a non-EU state.

1) More substantially, the Romanian market will merge with the German, Italian, French ones, already joined in the single European market. It will have to face the contest with German, Italian, French, British companies, to become competitive. The products made in Romania will have to meet the standards of European quality.These requirements are convoluted for Romanian small companies and some of them will face bankruptcy. The consumer will buy goods of European quality, but at high, European prices. We will be able to buy Western cars and other goods, from their countries of origin, and bring them home with no customs taxes. Good quality Western products will invade the Romanian market, without customs duty, competing with Romanian companies. Romanian goods will freely sell in Western countries, duty free, but meeting European quality standards. Businesses will freely develop in Western countries, including services (taxi and hotel ones), trade and industry, but the question is whether we own the economic command for this. “Not all accessions lead to benefits”. There will be “winners and losers of the European integration process” points out Romanian liberal economist Daniel Daianu (former Minister of Finance). “Integration can not substitute a strategy for economic development”.

2) Prices will rise and will reach those from Western countries. The Romanian public found out the accession of Hungary on May 1 2004, lead to a severe price raise of foodstuff, causing a major discontent of the population and the fall of the government led by Megyessi. The living standard of the Romanian will also have to rise together with the economic advance. Romania will become a country and society as capitalist and democratic as any Western one.

3) Compliance to human right regulations and laws as those in the Western countries will be granted in the EU. Democracy, administrative and judicial proficiency, obeying the rights of minorities will be consolidated in Romania.

4) As Romanian and European citizens, we will be able to travel freely in the 27 countries of EU, as from one local county to another, with an infrequent check of passports. We will be able to live in Rome, Barcelona, Lisbon or Brussels…, to work there under equal conditions, legally, to run businesses, to benefit from medical assistance, unemployment aid and social protection.

5) If we live in Rome, we can vote in the local elections for the mayor of councillors of Rome. We can also run for the position of the mayor of Rome or any local councillor. There is the possibility to run even for a European Parliamentarian seat. But we won’t be allowed to run for or elect an Italian Parliament member. Obviously, remaining in their own country, Romanian citizens will be able to vote and run for European Parliament seats as well as for national and local positions.

6) We will have the right to address a petition to the European Parliament, irrespective of the residence (Romania or any Western country).

7) We will be allowed to address complaints to the European Ombudsman on faulty performance of European institution, no matter where we live.

8) If we go to a country outside the EU, where Romania does not have either Embassy or Consulate, we can benefit from protection from a diplomatic representative of any EU member state represented there.

9) Our University diplomas and vocational credentials will be recognized in all 27 EU member states. For example a student may study one semester in Targu-Mures, then a semester in Lisbon, another one in Brussels, and another in Berlin, all exams being accepted by the manageable credit system, or benefiting from a EU Eramus scholarship. However, to reach this stage, our education system will have to undergo reforms leading to a European compatibility and even standards.

10) Also, in Romania, developing regions will be founded on economic criteria, to attract EU structural funds, set up to perform a more proficient administration, but also to acquaint the citizen to the decision-making practice. Their organization will lie on the economic cohesion criterion, taking into account several cultural and regional identities. Since 1998, 8 developing regions have been constituted, in a promising manner, and will be upheld until 2011. According to the Accession Treaty, as far as 2011, the Romanian Government will decide upon the manner of reorganizing and consolidating these regions. There is no unique European pattern of organizing such regions and each European country had its own approach. EU does not impose any example of organizing such areas. The Romanian Government will follow the experience of one or another Western state and will confer with home social partners and will make a decision in conformity with local and national interests.

11) In exchange, the European Romania will get to enjoy peace, prosperity, territorial integrity, keeping its present borders, sovereignty, just like all other member states of EU.

12) Voluntarily, like all other member states, Romania will restrict its national sovereignty, delivering a fraction of its sovereignty features, to overnational institutions (European Commission, European Court of Justice). On its part, Romania will have its representatives in these institutions, which have to observe the interest of EU in its whole, fusing the common interest of all member states. Romania will be fairly represented in all EU institutions, participating in the European decision making, enhancing its influence and prestige all over the world. The Romanian language will become one of the official ones in EU (along with English, French, German, Spanish, Greek, Estonian, Hungarian, Bulgarian…), and the important documents of the EU will also be translated into Romanian.

13) Romania will be a full and equal right member in the leadership of the EU. It will have an advantage over other states as in some EU institutions states are represented proportionally to their population. Among the 27 member states, Romania will rank 7 as population (22 million inhabitants) and will also rank 7 as number of representatives in the European Parliament, in Committee of the Regions, in the Economic and Social Committee, as number of votes in the Council of Ministers of EU. Romania will be better represented rather then other 20 states, among which: Hungary, Bulgaria, Estonia, Latvia, Lithuania, The Czech Republic, Slovakia, Slovenia, Malta, Cypruss, Belgium, Holland, Luxemburg, Denmark, Ireland, Greece, and Portugal.

In the EU institutions, Romania has:

1. in the European Parliament – 35 Euro-parliamentarians out of 785, elected by us through universal, equal direct and secret ballot¹¹ ;

2. in the European Council – 1 member out of 27 (the President of Romania or the Romanian Prime Minister);

3. in the Council of Ministers of the EU – 14 votes out of 345, resulting 5,49% of the total necessary voted to reach a decision of qualified majority and 15,38% of the votes necessary to obstruct any decision;

4. in the European Commission – 1 Romanian European Commissioner out of 27;

5. in the Court of Justice of EU – 1 Judge;

6. in the Court of First Instance – 1 Judge;

7. in the Economic and Social Committee – 15 members of 344;

8. in the Committee of the Regions – 15 members of 344,

         9. in the Court of Auditors – 1 member out of 27; .

In addition, Romania will hold the Presidency of the EU in 2019 (in the second semester July-December). This was decided by the member states on December 13, 2004, while approving the listing of EU Presidents till 2020. According to the Treaty Establishing a Constitution for Europe, starting since 2007, the Presidency of the Council will be held by three cooperating states, but each of them will have an ongoing half a year to preside the affairs of the EU. Romania will be part of the 9th Presidency of the Council including Austria (President in the first semester, January-June 2019), Romania (President in the second semester, July-December 1919) and Finland (January-June 2020). Naturally, Romania is the latest of the new members holding the Presidency of the EU Council, after Bulgaria (July-December 2018), Estonia (January-June 2018), and Hungary (January-June 2011).¹³

The Treaty of Accession

The Treaty of Accession of Bulgaria and Romania to the European Union” was signed on April 25, 2005 in Luxemburg, after the approval of the European Commission (February 22, 2005), by the European Parliament (in April 13), and by EU Council (in April 25, 2005). The Treaty must by ratified by Member States (EU-25), by Romania and Bulgaria, in the period 2005-2006 and will be valid since January 1, 2007.

The Treaty of Accession of Romania to the European Union is the same with that of Bulgaria and is the obvious results of the negotiation process of the 31 chapters. The treaty was issued with the same principles and methods as those used in the layout of the Accession Treaty of the ten member states (effectively joint in May 1, 2004).

Unlike the ten member states which acceded in May 1, 2004, Romania and Bulgaria will joint the Accession Treaty and the Treaty establishing the Constitution for Europe, if it will be ratified by all member states up to the effective accession of Romania and Bulgarian. In this approach, The Treaty of Accession of Romania and Bulgaria must include the necessary changes to the Constitutive Treaty of the European Comunity. Thus, anAct of Accession and a Protocol of Accession were also prepared. .

The Act of Accession contains “the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded”. The Protocol of Ascension (“Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union”) adjusts The Constitutional Treaty and makes way to the accession of Romania and Bulgaria to this document. In principle, the Act and Protocol have identical contents (the difference resides in the texts from the European Constitution, the Constitional Treaty of the European Community and the Treaty on the European Union.

The Act and the Protocol will become valid alternatively, according to the acceptance of the Treaty establishing a Constitution for Europe. If the Treaty establishing a Constitution for Europe will be valid before the accession of Romania and Bulgaria (January 1, 2007), the Protocol of Accession will automatically be valid. But if the Constitutional Treaty will be valid after the accession of Romania and Bulgaria, in that moment, the Act of Accession will become valid together with the Constitutional Treaty, the former becoming null and the Protocol will create judicial effects¹⁹ .

The official name of the Accession Treaty is the “Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic of Bulgaria and Romania to the European Union”.²⁰

The Treaty of Accession of Romania and Bulgaria to European Union comprises:

v     General parts: The Treaty itself, the Act of Accession/ the Protocol of Accession;

v     Appendices: agreed measure during negotiations – permanent and temporary measures;

v     Declarations.

Unlike the treaty of the ten member states, the treaty with Romania and Bulgaria does not have the technical adjustment to the acquis communautaire in the appendices, considering the wider period of time between the signing of the treaty and the actual accession. The technical adjustments were issued in the same time with the Treaty and were politically decided on February 11, 2005 (in the same time with the political agreement of the text in English) and will be adopted by documents of communitarian institutions, the Council and the Commission, respectively²¹

General Parts

1. The Treaty of Accession itself (comprising six articles) support the accession of Romania and Bulgaria to the European Union, as well as the fact that by ascending, the two states become part of the Constitution Treaty for Europe, in the conditions settled by the appended Protocol to this Treaty. The Treaty comprises a clause on an alternative validation of the Accession Act and of the Accession Protocol.

Also, the date when the Treaty of Accession will be valid, as well as the fact that this will be ratified by the signing sides according to internal procedures is established. The ratification instruments will be presented till December 31, 2006.

According to the final clause, if one of the two states does present the ratification instruments to this date, the Treaty will become valid for the other state and the Council will then adopt the necessary adjustments for the Protocol of Accession or the Act of Accession, as required.

The Act of Accession / Protocol of Accession contain:

Part I – The Principles;

Part II – General Provisions: elements of adjusting Treaties / Constitution;

Part III – Permanent Provisions (mainly to adjust the acquis);

Part IV – Temporary Provisions (transition periods);

Part V – Provisions for Implementing the Act.

2. Part I (Principles) comprises the definitions and provisions for Romania and Bulgaria of the compelling character of the fundamental treatises and acts adopted by the communitarian institutions and the Central European Bank, previous to their accession to the EU. The accomplishment of the recommendations of the original treaties and the documents of the institutions are subject to the issues agreed on during negotiations with each candidate state. The obligation of the two new member states to join the conventions and agreements closed by the member states is pointed out as well as the recognition of the Schengen acquis. The list of the conventions closed by the member states is appended to the Act/Protocol. Romania and Bulgaria are compelled to modify them, till their accession, as well as the treaties closed with third party states which are incompatible to the communitarian right. Contrarily, these treaties will become void.²² .

The fact that the EU will adapt its quantitative reststrictions to steel and steel products in the relationship to third party countries is also provisioned, according to the imports of Romania and Bulgaria.

The quantitative restrictions applied to the imports of EU textile and clothing will also be adapted taking into consideration the accession of Romania and Bulgaria.

As far as the bilateral agreements on fishing closed between Romania and Bulgaria is concerned, these will be managed by the EU.

Romania and Bulgaria will be members of the EU starting the date of their accession and will considered states where the unique currency will be adopted, at will, according to the Article 122 of the Treaty on the Constitution of the European Common Market.

3. Part II comprises the institutional provisions, the participation of Romania and Bulgaria to the EU institutions, respectively: Romania will have 35 seats in the European Parliament, between 2007 and 2009. After this date, the number of seats in the European Parliament will be decided by European Council. Romania will have 14 votes in the Council EU.

Romania may have 1 judge in the Court of Justice of EU and 1 seat in the Emergency Tribunal. The mandate lasts six years. Alternatively, every three years, thirteen or fourteen judges will be changes.

Romania will have 15 members in the Economic and Social Committee and 15in the Committee of the Regions.

Romania has the right to appoint members in the Directory Committee of the European Bank of Investments, as well as in the Scientific and Technical Board according to EURATOM.

It is also stated that Romanian and Bulgarian languages will become official in the EU²³ .

4. Part III (Permanent provisions) stipulates the recognition of the negotiated permanent measures (presented in an addenda) as well as the indication to the instrument of how the technical adjustments of the acquis should be accomplished till October 1, 2004 („cut-off date”). The issue stands for the closed documents between the institutions of the EU in different areas which are to be adopted having in view their application both in Romania and Bulgaria. Among them, the following are worth mentioning: the labelling of electric and electronic appliances, the list of plant and animal species protected in Romania, qualifications and the list of liberal professions as well as the institutions issuing diplomas in the area of interest, the record of border-crossing locations, the register of international airports, the catalogue of dangerous chemical products, the translation into Romanian of all the speciality terms in different domains (for instance incorporated companies, limited liability companies, companies of partial administration, road taxes, highways, national, regional and local roads and so on), the list of countries Romania requests entrance visas and their classification, the directory of Romanian institutions participating in public acquisitions .

5. Part IV (Temporary provision) refers to Transitional measures agreed on during negotiations (contained in the addenda), temporary institutional and financial provisions .

According to the temporary institutional provisions, Romania will have 35 seats in the European Parliament between the effective accession to the EU and the date of the elections for the (2009). Romania has to organize elections for the European Parliament “no later than December 31, 2007”. This means that Romania may organize these elections anytime before December 31 2007, including the interval between the signing of the Treaty of Accession, April 25 2005 and the date of actual accession.

In the premise in which the European Constitution will be valid till 2007, the “Nisa” voting system will be maintained until 2009, Romania having 14 votes, as well as the number of 15 seats in the Economic and Social Committee of the Regions²⁶ .

According to the temporary financial provisions, Romania will contribute to the enlisted capital of the European Bank for Investments with 42.3 million Euros. Romania’s contribution to the Research Fund for Coal and Steel is of 29.88 million Euros.

Moreover, during the transition period, Romania will benefit from the Schengen facility aiming at the financing of the actions taken along the outer border to implement some rules of the Schengen acquis as well as the Cash-Flow Facility, targeting at their improvement. The funds for Romania will be:

297.2 million Euros in 2007

131.8 million Euros in 2008

130.8 million Euros in 2009.

The management of these funds is attributed to implementation agencies as pre-accession assistance, through programs such as PHARE, PHARE– CBC (Cross-border cooperation), ISPA, SAPARD and the Facility for the transition period.

The sum total for structural actions for Romania in the period 2007-2009 will be:

1,399 million Euros in 2007

1,972 million Euros in 2008

2,603 million Euros in 2009.

Part IV comprises the safeguarding clauses too .

As in the case of the 10 new member states, the Treaty contains general clauses of safeguarging:

General Safeguarding Clause

In the case of serious and long-lasting difficulties will occur up to three years since the accession, in the economic domain which might worsen the situation in a certain field, Romania or Bulgaria may require from the Commission an authorization for a series of protective measures to improve the situation and adjust that economic domain of the Common Market. Under similar circumstances, any full-right member state may take protective measures in view of either or both member states.

The Safeguard Clause of Internal Market

If in the first three years since the accession, Romania and Bulgaria do not meet the requirements established by negotiations endangering the functioning of the Internal Market, the European Commission, willingly or at the request of t member state, may take the necessary measures to remedy such a situation. This clause may be invoked even before the date of the accession of the two states.

The Safeguard Clause for Justice and Home Affairs

If there are delay in the fulfilling or implementing the communitarian provisions of mutual recognition in civil and penal justice in Romania and Bulgaria, the Commission may, willingly or at the request of a member state, to take the necessary measures and specify the working conditions of such measures, till the elapsing of three years since the Treaty became valid. These measures must be substantiated and maintained no more than it is strictly necessary till the situation is solved. Unlike in the case of the ten candidate states, for Romania and Bulgaria, a clause of delay of the accession may be applied, by a unanimous vote, at the recommendation of the Committee, the Council can make the decision to postpone the date of accession by one year, till January 1, 2008, after the monitoring on the part of the Commission of the level of readiness and implementation of the acquis on the part of the two countries and if the preparedness proves insufficient for them to become members of EU.

Moreover, in the case of Romania, the Council may decide, by a majority vote to postpone the accession by one year, till January 1, 2008, if an insufficient preparedness is noticed in the field of justice and internal affairs and in the domain of competition (there are 11 obligations mentioned in an addenda).

The temporary provisions stipulate the possibility for Romania and Bulgaria to take transitory measures to ease the achievement of a new common agricultural policy as well as to apply communitarian measures in the veterinary domain, plant and animal health and safety of foodstuff.

6. Part V (Provisions regarding institutional adjustments) contains the requirements on institutional adjustments necessary after the accession of Romania and Bulgaria (Title I), the means of applications of communitarian institution documents to Bulgaria and Romania (Title II) and the final provisions (Title III).

Title I comprises the requirements necessary to adjust the procedure rules by the communitarian institutions (The European Council, the Court of Justice of EU). Romania and Bulgaria will appoint, in turn, a member of the European Commission, on the date of accession, whose mandate will expire after the mandates of all the other members of the Commission have expired. Romanian and Bulgarian commissioners will be appointed by the Council in agreement to the European Parliament. Thus, unlike the treaty with the other ten states, in the case of the appointment of the new commissioners, the agreement of the European Parliament will be required to ensure a better openness of the decisions. Likewise, Romania and Bulgaria will appoint, in turn, a judge in the Court of Justice of the EU and in the General Court. The mandate of the former will expire in 2006, of the latter in 2012, decision taken by random choice. Romania and Bulgaria will appoint members for the European Court of Auditors, Economic and Social Committee and in the Committee of Regions²⁹ .

Title II requires the obligations on the part of Romania and Bulgaria to agree to all the necessary measures and to conform to all directives and decisions of institutions, to all decisions made by institutions, to all communicates of the member states, since the date of accession. These measures also include the obligation to change the necessary internal legislation. Also, Romania and Bulgaria will receive a number of measures (such as those referring to the protection of workers under radiation environment) .

The mechanism of technical adjustments is also stipulated for the acquis to be accepted after “cut-off date” (October 1, 2004), which were not in the Treaty of Accession. A Council or Commission will have to adopt them (in accordance with the institution issuing the document) at the request of Romania or Bulgaria no later than the date of accession. Unlike the case of the treaty with the other ten states, a request was added to take the necessary steps to change their domestic legislation, where such changes were generated by the adoption of communitarian documents as a result or Romania’s and Bulgaria’s accession.

Title III accomplishes the conveying to Romania and Bulgaria of certificate copies of several juridical instruments: the Treaty of the Constitution of the EU, the Treaty of the European Union as well as international treaties held in the archives of the General Secretariat of the Council.

The Declarations

To the Accession Treaty a series of political declarations were appended, with no juridical effect: the Joint Declaration by the present Member States (EU-25) on the free movement of workers; Joint Declaration by the present Member States and the Commission on Bulgaria's and Romania's preparations for accession; Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers; Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet in the European Union. Also, an “Exchange of Letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession” is annexed.

By the Declaration on the free movement of workers, the Member States express their will to improve the access of Romanian citizens to the job market, in order to speed up the provisions of the communitarian acquis.

The Joint Declaration by the present Member States and the Commission on Bulgaria's and Romania's preparations for accession asserts that the EU will continue the strict monitoring of the meeting of all requirements mentioned during negotiations, attention being paid to the fields of justice and domestic affairs, competition and environment. The declaration contains the same elements declared in the Conclusions of the Council of the EU on December 17, 2004.

In the Joint Declarations of the present Member States (EU-25) on rural development possible funds are estimated for this domain in Romania (2,308 million Euros).

Romania has accepted the declarations recommended by the member states and did not require extra declarations as other states of the ten did, for instance for a free movement of individuals or a safeguard clause as the provisions of the Treaty are obvious in these fields and are equivocal³¹ .

Finally, Romania and Bulgaria became members of the EU in January 2007.