The drafting of Montenegro’s EU Accession Treaty can finally begin

Brussels – Montenegro can mark another success in its progress towards EU membership. On 22 April, EU ambassadors endorsed the establishment of the Ad Hoc Working Party on Drafting the Accession Treaty with Montenegro, which can now begin outlining the legally binding agreement between the 27 member states and the candidate country.

The decision “sends a powerful signal that accession is within reach for enlargement partners,” the Cyprus Presidency of the Council states, with President Nikos Christodoulides confirming that “this marks a key step forward in the enlargement process.”

“For the first time since 2013, the EU starts the clock for the next enlargement,” President of the European Council António Costa recalled. “It also offers a chance to draw lessons from past enlargements,” Commissioner for Enlargement Marta Kos echoed his words, referring to “new and stronger safeguards in future Accession Treaties to prevent backsliding on the rule of law and fundamental values.”

An Accession Treaty is an intergovernmental agreement that sets out the detailed terms and conditions of EU membership, including transitional arrangements, deadlines, financial provisions, and safeguard clauses. A specific working party within the Council is entrusted with drafting the treaty once a candidate country is considered ready for the final stage of the accession process.

Composed of representatives from Member States, the European Commission, and the candidate country, the working group operates in parallel with the final accession negotiations and translates the agreed chapters into a formal legal text.

The Accession Treaty must be approved by the European Commission, the European Council, and the European Parliament. It is then signed by the candidate country and representatives of all EU member states. The acceding country is set to become a full EU member on the date specified in the Treaty, provided it has been ratified by the candidate country and each EU member state, in accordance with their respective constitutional procedures.

In the interim, the acceding country benefits from special arrangements (such as the ability to comment on draft EU proposals) and holds observer status in EU bodies and agencies (entitled to speak but not to vote).

With 14 chapters provisionally closed out of 33, Montenegro is considered in Brussels to be the most advanced candidate on the EU accession path. The government in Podgorica aims to fulfil all closing benchmarks by the end of the year, with the stated goal of becoming the 28th member state by 2028.

As Ambassador Petar Marković, Head of Mission of Montenegro to the EU, said in a recent interview with The New Union Post, despite more than half of the chapters still to be closed, there is “increasing optimism” regarding Montenegro’s accession process, and the establishment of the Ad Hoc Working Party can be seen as confirmation of his statement.

The most recent precedent is that of Croatia, where the process was launched once Zagreb had closed 15 chapters. In the meantime, a new methodology, with a ‘fundamentals-first’ approach and stricter political steering of the process, has been introduced. For this reason, according to Ambassador Marković, Montenegro can be considered “much further along the EU path with 14 closed chapters than Croatia was with 15.”

As already anticipated by Commissioner Kos, Montenegro’s Accession Treaty “should be the first of a new generation of treaties,” which will likely include enhanced safeguard clauses to enter into force if “serious shortcomings” in core EU principles – respect for democracy and the rule of law – arise after the accession of new members. Montenegro does not oppose this scenario, as long as “full membership” is guaranteed, Ambassador Marković made clear.

The next step, according to Commissioner Kos, is the proposal for the financial package for Montenegro, which the Commission intends to put forward “before the summer,” providing “very concrete insights” into the budgetary implications for the Union arising not only from Podgorica’s accession but also from all candidates involved in the process. “Whatever we do now with Montenegro will be a catalyst for all,” she said.

The state of EU-Montenegro relations

Montenegro submitted its application for EU membership in 2008. Candidate status was granted in June 2010, and accession negotiations began in 2012. To date, all 33 screened negotiating chapters have been opened, and 14 have been provisionally closed.

Moreover, in June 2024, Podgorica received a positive Interim Benchmark Assessment Report (IBAR), indicating that it has met the interim benchmarks in Chapter 23 (Judiciary and Fundamental Rights) and Chapter 24 (Justice, Freedom and Security) – a prerequisite for closing chapters deemed ready for provisional closure.

On 22 April 2026, the EU ambassadors endorsed the establishment of the Ad Hoc Working Party on Drafting the Accession Treaty. Montenegro is considered the most advanced country in the EU enlargement process, with the aim of closing all chapters by the end of 2026.