Quo Vadis EU (Law)? - 2022

Revitalizing Enlargement in Times of War

The analysis of past and coeval approaches to European enlargement policy represents a major aspect of the current legal and political issues faced by EU. Alongside climate change, digital disruption, and governance of online platforms, revitalizing enlargement is considered as a standpoint for the development of EU law, whatever direction it ought to take. The matter was discussed in a full session hosted by Dr. Fulvia Ristuccia (Bocconi University) with Prof.s Serena Giusti (Sant’Anna School of Advanced Studies), Paola Mariani (Bocconi University) and Prof. Roman Petrov (National University of Kyiv-Mohyla Academy) intervening.

The Big Enlargement and brewing tensions in Eastern Europe 

Prof. Giusti firstly examined the recent historical developments in the outskirts of Eastern Europe and around the Mediterranean basin, assessing the matter under multiple perspectives. In this regard, the relation between NATO, the EU, and partner countries; political considerations backing enlargement processes in terms of security, responsibility, and economic integration; the impact of external tensive political issues, namely the Russian and Israel-Palestinian conflicts, were all highlighted as the main issues affecting the EU’s foreign policy.

According to Prof. Giusti’s review of recent political dynamics, ongoing tensions between the EU and Russia first arose at the time of the “Big Enlargement” and the establishment of EaP,^[1] not long before the occupation of Crimea, yet more than a decade before the current war in Ukraine. Notwithstanding external issues stemming from enlargement waves of the last decade, internal considerations similarly countered expansive thrusts towards the East and the Mediterranean. Arguably, the sectorial structure of external relation partnerships, being divided between the Eastern partnership and the Union for the Mediterranean, shows the need for a functionalist approach contrasting the crisis of multilateralism. Prof. Giusti also observed that even prior to the unfortunate outcome of international relations between the EU and Russia, the interventive approach which partly influenced the “Big Enlargement” policy had also been reassessed to mitigate coeval political and ideological radicalization, by stressing the existence of shared “communitarian” democratic values between the Union and non-member partner States.

The exceptional case of Ukraine's accession to the EU and new geopolitical strategies 

While still dwelling on the historical development of European international relations, Prof. Mariani especially focused on the growing relevance of internal political contexts in countries which could eventually become part of the EU. The approach towards further enlargement, prior to the invasion of Ukraine, has been carefully reassessed to emphasize democracy and rule of law as requirements for adhering, thus overturning the prior criteria, being mainly centered upon economic, security and political stability concerns. Whatever the requirement, Prof. Mariani acknowledged that the enthusiasm and timing surrounding the ongoing application of Ukraine ought to be contextualized in its intrinsic exceptionality, given the critical political situation at hand. Therefore, Prof. Mariani emphasized, the strong political will to unite with Ukraine radically differs from the cautious, suspensive approach to further enlargement the EU had adopted insofar, also considering the difficulties for applying countries to fulfil the political and economic requirements to enter.

Prof. Petrov examined the ongoing conflict in his own homeland, Ukraine, and, accordingly, suggested that any possible political outcome would depend on the eventual scenarios resulting from the war. Indeed, according to Prof. Petrov, the accession of Ukraine to the EU and NATO is conditional on a sole possible outcome: a consistent military win against Russia. He also stated that relations between the EU and Ukraine have increasingly strengthened over time. The straightforward intention to enter the Union, expressed by President Zelensky not too long after the invasion, represents the standpoint from which continuing support from the West keeps flowing by.

In conclusion, the Professors convened that the future development of EU external relations, especially in terms of future enlargement, is not only likely to be dealt with in newly developing terms, but it will also lean towards a radical revitalization of the EU’s geopolitical strategies for the future.

^[1] The Eastern Partnership (EaP) is a joint initiative involving the EU, its Member States and six Eastern European Partner countries: Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova, and Ukraine with the purpose of strengthening and deepening intertwining political and economic relations.