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Canada’s proposed associate EU membership raises legal questions in Europe
European Commission President Ursula von der Leyen told Canadian Prime Minister Mark Carney that she wanted to work toward making Canada the European Union’s first associate member. The proposal has raised unanswered questions about Canada’s participation in EU institutions, budget contributions, voting rights and subjection to EU law.
The idea of associate membership, which would advance the political and trade partnership between Canada and the European Union, has brought the legal and geopolitical framework of relations between Brussels and Ottawa back into focus.
European Commission President Ursula von der Leyen told Canadian Prime Minister Mark Carney, who was present in the chamber, that she wanted to work toward making Canada the European Union’s first "associate member" during the European Parliament’s annual address in Strasbourg last week.
However, the EU treaties do not define a status called "associate membership." As a result, the legal basis for the proposal and the rights it would grant Canada have yet to be clarified.
Closer partnership in strategic sectors
The European Commission said the planned relationship could cover advanced manufacturing, defense production, the Arctic region, energy, critical minerals, batteries, artificial intelligence, quantum computing, cybersecurity and economic security.
If the new status is implemented, whether Canada could participate in EU institutions, attend European Council meetings and be represented in the Union’s bodies would also need to be clarified.
Whether Canada would contribute to the EU budget, which parts of EU law it would be subject to and whether it would have voting rights are also among the issues that would need to be decided as the scope of the proposal is determined.
Different models under discussion for associate membership
Damian Boeselager, a member of the European Parliament’s Delegation for Relations with Canada, said the proposal offered an opportunity to create a new model. Boeselager said the European Parliament should play a decisive role in defining the scope of associate membership and implementing the framework.
According to Boeselager, the central question is whether associate membership would remain an arrangement specific to Canada or develop into a broader legal and political model that could also be applied to other countries in the future.
Boeselager said the status could help Europe define itself not only by its geographical boundaries but also in geostrategic terms, and stressed that associate membership should not become an alternative path for countries seeking full membership.
New provision could be added to the EU treaty
Amy Verdun, a visiting professor of European politics at Leiden University, said the concept of "membership" in EU law carries specific rights and obligations. Countries seeking full membership must meet the Union’s accession conditions and adopt the EU legal framework known as the "acquis communautaire."
Verdun said that because associate membership is not defined in the existing treaties, it would need to be clarified whether the new status would be a more limited form of full membership or a separate membership model for countries outside Europe. She added that the legal framework would also need to be established separately.
Verdun said that if associate membership became a permanent status open to multiple countries, a new provision setting out its conditions might need to be added to the EU treaty. She said it would also need to be decided whether the arrangement would be used only for Canada or as a general instrument of EU foreign policy.
Verdun also said that failing to establish clear criteria in advance could create tensions among EU member states. She further noted that von der Leyen had not consulted all member states before making the proposal.
Initial assessment expected at EU-Canada summit
The first major meeting expected to address the proposal between Brussels and Ottawa is the EU-Canada summit planned for the end of October. The parties are expected to discuss the idea of associate membership and options for strengthening relations at the summit.
Germany welcomed the call for a close partnership with Canada but said the definition of an "associate member" should be reconsidered.
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