Transitional Periods as a Flexibility Instrument in the EU Enlargement

Abstract

The text is focused on the analysis of the position of the transitional
regimes affliated to the accession of ten new member states, which is to
take place in May 2004, and its impact on the flexibility within the European
Union. The text covers the historical development of the phenomenon of
transitional measures, overview of the transitional measures negotiated in
the current wave of enlargement and specifics of the Czech Republic in the
whole process. In the historical perspective, the current transitional periods
are to be compared primarily with the transitional regimes in the EU
enlargements in the 1980s, in particular with the accession of Spain and
Portugal. Typical elements of present transitional periods are the
application of the transitional periods in the very essential areas of the
European integration, such as agriculture, free movement of workers and
free movement of capital. Free movement of goods, in contrast, is
influenced in a rather limited way. The transitional periods are internally
diversified, both into internal temporal blocks followed by review of the
suitability of their continuation and their application only in relation to
several old member states. Specific transitional regime is the three-year-long period of enhanced regulatory powers of the European Commission in
the area of internal market, and Commission's sanction powers against new
member states so as to prevent the non-application of acquis in the area of
the internal market and judicial cooperation. Those "horizontal" transitional
periods will have - albeit temporarily - significant impact on the growth of
the flexibility in the European Union.