Brussels considers “Hungary-proof” safeguards in Montenegro’s EU accession

The European Commission is considering new long-term safeguards in the accession treaty of Montenegro as the Balkan country moves closer to joining the European Union, in an effort to prevent future member states from backsliding on democratic standards.

Montenegro, which is nearing the end of its EU membership negotiations, could effectively become a test case for a new framework that would allow the bloc to respond more effectively if a member state undermines democratic institutions or the rule of law, officials tell POLITICO.

Montenegrin President Jakov Milatović said discussions on the proposed mechanism are ongoing with EU institutions and member states. He noted that the issue was also raised during a recent visit to Ireland, which is due to assume the presidency of the Council of the European Union in the second half of the year.

According to an EU official familiar with the negotiations, the Commission intends to include safeguards in Montenegro’s accession treaty to ensure the bloc can act if democratic standards deteriorate after membership.

This “will be the accession treaty defining future accession treaties,” the EU official said.

The initiative comes as several countries pursue EU membership. Ukraine has pushed for accession by 2027 as part of a potential peace arrangement with the Russia, while Iceland is preparing to hold a referendum on whether to restart EU membership negotiations.

Milatović said details of the proposed safeguards remain unclear as discussions continue.

“Nobody really knows” what the final text will look like, he said, adding that the government in Podgorica is awaiting further information from the Commission.

Officials in Brussels say the debate reflects lessons learned from the EU’s major 2004 enlargement, when ten countries — including Hungary and Slovakia — joined the bloc.

The Commission official said the discussions focus on what “the lessons we have learned from the 2004 enlargement” are. “Does our Union have the ability to respond to backwards steps? Not really.”

Hungary, led by Prime Minister Viktor Orbán, has frequently clashed with Brussels over rule-of-law concerns and EU policy decisions. Budapest recently blocked the EU’s 20th package of sanctions against Russia as well as a proposed €90 billion support package for Kyiv.

To prevent similar disputes in the future, the EU is exploring ways to embed stronger enforcement mechanisms directly into accession treaties for new members.

Montenegro’s accession treaty will be drafted by a working group organised under the current presidency of the Cyprus at the Council of the EU, with input from all member states. A spokesperson for the Cypriot presidency declined to provide a timeline for establishing the working group.

However, the EU official said it would be created within “weeks,” while two European diplomats indicated it was expected to begin work later this month.

EU Enlargement Commissioner Marta Kos confirmed that preparations are already underway.

The Commission “is currently in the final phase of preparing a draft treaty,” she said, without specifying when it would be completed.

By Sabina Mammadli