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Can Europe Widen Without Reopening the Treaties

Skopje: Every serious discussion of EU enlargement eventually collides with the same wall. Admitting new members requires unanimity at multiple stages, unanimity gives every capital a veto over every stage, and removing the veto requires the unanimity it is meant to replace. Brussels has spent three years searching for a way around that circle rather than through it, and 2026 produced the most inventive attempts yet.

The orthodox route runs through qualified majority voting. Treaty drafters anticipated the problem and built passerelle clauses that let the European Council shift specified areas from unanimity to QMV without a full treaty revision. The catch is fatal in the obvious way. Triggering a passerelle needs unanimous agreement, so any capital that values its veto simply refuses to surrender it. A German-Slovenian proposal in 2024 tried to shrink the ask by applying QMV only to technical steps such as opening and closing negotiating chapters, leaving the final accession decision untouched. Even that narrowed version has not moved.

Two workarounds and what each one costs

The first workaround changes the destination rather than the route. Chancellor Friedrich Merz floated associate membership in May, a status that would give Ukraine a non-voting commissioner, non-voting members in Parliament, an observer judge at the Court of Justice and a political commitment from existing members to apply Article 42.7, the mutual assistance clause. Kyiv would sit inside the institutions and outside the decisions.

The design is elegant and the incentive problem is severe. A candidate that receives security guarantees and institutional presence without membership has weaker reasons to complete the painful domestic reforms that accession normally extracts. Existing members who dislike enlargement gain a comfortable permanent parking space. Conditionality works because the prize is real and finite. Associate status risks making the prize indefinite.

The second workaround changes who decides. Article 20 of the Treaty on European Union permits enhanced cooperation among a subset of members, and capitals reached for it this year to structure a ninety billion euro loan to Ukraine that twenty-four governments supported while Hungary, Slovakia and Czechia did not. That is a significant precedent. It shows a willing majority can act through the treaties rather than around them when a holdout blocks the ordinary route.

Its limits are equally clear. Enhanced cooperation delivers money and policy coordination. It cannot deliver membership, because accession treaties require ratification in every national parliament, and no procedural device substitutes for that. A coalition of twenty-four can finance Ukraine. It cannot admit Ukraine.

Why the sequencing question decides everything

Talk of a 2027 target for Ukrainian accession has pushed these debates from seminar rooms into councils, and it forces a choice that capitals keep deferring. Either the Union reforms its decision-making before it grows, accepting that reform will take years that Ukraine and the Western Balkans do not obviously have, or it grows first and manages a thirty-plus member council under rules designed for fifteen.

Neither branch is costless, and the second is worse than its advocates concede. Adding members without changing voting rules multiplies the number of vetoes precisely when the agenda, including defence financing, budget reform and any response to a future crisis, demands speed. The arithmetic of blocking minorities also shifts, and several current net contributors would find their influence diluted in ways they have not yet modelled publicly.

Candidate governments draw their own conclusion from the pattern. They watch a Union that keeps inventing new antechambers, and they reasonably ask whether the antechamber is the destination. That perception costs more than any single procedural argument, because it erodes the domestic political capital that reform-minded governments in Skopje, Podgorica and Tirana spend to meet conditions. Analysis of the voting-reform question is set out by the Centre for European Reform, and the procedural options appear in a Clingendael policy brief.

The uncomfortable conclusion is that the workarounds are not bridges to membership. They are ways of postponing a decision that only unanimity can take, dressed in enough institutional novelty to look like progress.