The impact of the rule of law in the European Union on the new methodology for EU enlargement

Despenić Jovana (Pravni fakultet Univerziteta u Beogradu), jovanadespenic17@gmail.com

The rule of law in the European Union (EU) today represents one of the fundamental values on which, according to Article 2 of the Treaty on European Union, this supranational organisation is founded. At the same time, the rule of law is also a key criterion and instrument of the EU\'s foreign policy, which is particularly evident in its new methodology for the enlargement process. The analysis examines the evolution of the rule of law, traces the normative and institutional development of this concept across different phases of European integration, and provides an explanation of the mechanisms that the EU has developed to monitor, enhance, and protect the rule of law in its internal and external policy. The focus of the analysis is the EU enlargement process, with particular emphasis on the new enlargement methodology that introduces a more structural and dynamic approach to negotiations, highlighting the importance of the rule of law as a central pillar of this process. Through a comparative analysis of these two processes, the paper concludes that the rule of law is not only a prerequisite for membership but also a continuous monitoring mechanism applicable even after a country accedes to the EU. The EU enlargement process presents a multitude of challenges related to the implementation of the rule of law, which is particularly evident in the application of the revised EU enlargement methodology.

Keywords: rule of law, new methodology for EU enlargement, EU enlargement process, the rule of law mechanism, conditionality