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The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union. The criteria require that a state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of the European Union. [1]
These membership criteria were laid down at the June 1993 European Council in Copenhagen, Denmark, from which they take their name. Excerpt from the Copenhagen Presidency conclusions: [2]
Membership requires that candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights, respect for and protection of minorities, the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union. Membership presupposes the candidate's ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union.
Most of these elements have been clarified over the last decade by legislation and other decisions of the European Council, the European Commission and the European Parliament, as well as by the case law of the European Court of Justice and the European Court of Human Rights. However, there are sometimes conflicting interpretations in current member states, especially regarding what is meant by "the rule of law". [3]
During the negotiations with each candidate country, progress towards meeting the Copenhagen criteria is regularly monitored. On the basis of this, decisions are made as to whether and when a particular country should join, or what actions need to be taken before joining is possible.
The European Union Membership criteria are defined by the three documents:
When agreed in 1993, there was no mechanism for ensuring that any country which was already an EU member state was in compliance with these criteria. However, arrangements have now been put in place to police compliance with these criteria, following the "sanctions" imposed against the Austrian government of Wolfgang Schüssel in early 2000 by the other 14 Member States' governments. These arrangements came into effect on 1 February 2003 under the provisions of the Treaty of Nice.[ citation needed ]
Article 49 (formerly Article O) of the Treaty on European Union (TEU) [4] or Maastricht Treaty states that any European country that respects the principles of the EU may apply to join. Countries' classification as European is "subject to political assessment" [5] by the Commission and, more importantly, the European Council.
In 1987, Morocco applied to join the European Communities (the precursor to the European Union). The application was rejected on the grounds that Morocco was not considered to be a "European country" and hence could not join. The EU has generally taken a broad view of what counts as a European country, having approved the application of Cyprus and has ruled that Armenia, [6] Georgia, and Turkey satisfy the requirements for application.
Although non-European states are not considered eligible to be members, they may enjoy varying degrees of integration with the EU, set out by international agreements. This currently includes the European Neighbourhood Policy, Union for the Mediterranean, and a variety of other European Union Association Agreements and EU free trade agreements. Non-EU European states are also participating (with or without the goal of eventual EU membership) in the Stabilisation and Association Process, Eastern Partnership, European Free Trade Association, EU-Russia Common Spaces, and Northern Dimension.
Functional democratic governance requires that all citizens of the country should be able to participate, on an equal basis, in the political decision making at every single governing level, from local municipalities up to the highest, national, level. This also requires free elections with a secret ballot, the right to establish political parties without any hindrance from the state, fair and equal access to a free press, free trade union organisations, freedom of personal opinion, and executive powers restricted by laws and allowing free access to judges independent of the executive.
The rule of law implies that government authority may only be exercised in accordance with documented laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases.
Human rights are those rights which every person holds because of their quality as a human being; human rights are inalienable and belonging to all humans. If a right is inalienable, that means it cannot be bestowed, granted, limited, bartered away, or sold away (e.g. one cannot sell oneself into slavery). These include the right to life, the right to be prosecuted only according to the laws that are in existence at the time of the offence, the right to be free from slavery, and the right to be free from torture.
The United Nations Universal Declaration of Human Rights is considered the most authoritative formulation of human rights, although it lacks the more effective enforcement mechanism of the European Convention on Human Rights. The requirement to fall in line with this formulation forced several nations[ citation needed ] that recently joined the EU to implement major changes in their legislation, public services and judiciary. Many of the changes involved the treatment of ethnic and religious minorities, or removal of disparities of treatment between different political factions.
Members of such national minorities should be able to maintain their distinctive culture and practices, including their language (as far as not contrary to the human rights of other people, nor to democratic procedures and rule of law), without suffering any discrimination. A Council of Europe convention, the Framework Convention for the Protection of National Minorities (treaty No. 157) reflected this principle. But the Convention did not include a clear definition of what constituted a national minority. As a result, some signatory states added official declarations on the matter: [7]
A consensus was reached (among other legal experts, the so-called groups of Venice) that this convention refers to any ethnic, linguistic or religious people that defines itself as a distinctive group, that forms the historic population or a significant historic and current minority in a well-defined area, and that maintains stable and friendly relations with the state in which it lives. Some experts and countries wanted to go further. Nevertheless, recent minorities, such as immigrant populations, have nowhere been listed by signatory countries as minorities concerned by this convention.
The economic criteria, broadly speaking, require that candidate countries have a functioning market economy and that their producers have the capability to cope with competitive pressure and market forces within the Union. The Euro convergence criteria and European Exchange Rate Mechanism have been used to prepare countries for joining the Eurozone, both founding and later members.
Finally, and technically outside the Copenhagen criteria, comes the further requirement that all prospective members must enact legislation to bring their laws into line with the body of European law built up over the history of the Union, known as the acquis communautaire . In preparing for each admission, the acquis is divided into separate chapters, each dealing with different policy areas. For the process of the fifth enlargement that concluded with the admission of Bulgaria and Romania in 2007, there were 31 chapters. For the talks with Croatia, Turkey and Iceland the acquis has been split further into 35 chapters.
The European Charter for Regional or Minority Languages (ECRML) is a European treaty adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe. However, the charter does not provide any criterion or definition for an idiom to be a minority or a regional language, and the classification stays in the hands of the national state.
The Treaty on the European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU forms the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions, as well as the rules on external, foreign and security policy.
The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union. As such it is an integral part of the constitutional basis of the European Union.
The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member states.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The convention also sets out which people do not qualify as refugees, such as war criminals. The convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.
Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.
Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.
The Minority Treaties[a] are treaties, League of Nations mandates, and unilateral declarations made by countries applying for membership in the League of Nations that conferred basic rights on all the inhabitants of the country without distinction of birth, nationality, language, race or religion. The country concerned had to acknowledge the clauses of the treaty as fundamental laws of state and as obligations of international concern placed under the guarantee of the League of Nations. Most of the treaties entered into force after the Paris Peace Conference.
The primacy of European Union law is a legal principle of rule according to higher law establishing precedence of European Union law over conflicting national laws of EU member states.
The Latvian nationality law is based on the Citizenship Law of 1994. It is primarily based on the principles of jus sanguinis.
The Treaty of Lisbon is a European agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe opposing violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators.
The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union; also referred to as TSCG, or more plainly the Fiscal Stability Treaty is an intergovernmental treaty introduced as a new stricter version of the Stability and Growth Pact, signed on 2 March 2012 by all member states of the European Union (EU), except the Czech Republic and the United Kingdom. The treaty entered into force on 1 January 2013 for the 16 states which completed ratification prior to this date. As of 3 April 2019, it had been ratified and entered into force for all 25 signatories plus Croatia, which acceded to the EU in July 2013, and the Czech Republic.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
Armenian law, that being the modern Legal system of Armenia, is a system of law acted in Armenia.
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