France and Germany have officially announced that they will block the accession of Bulgaria and Romania to the Schengen area, Euractiv reports. The main deficiencies in both countries that they outline are the absence of a satisfactory juridical and administrative environment in the fields of security and justice, persisting corruption at different levels and worrying levels of organised crime.
This letter does not come as a surprise to this blogger. I have time and again noted that both Bulgaria and Romania are facing significant challenges in the reform of the judiciary and the fight against corruption and organized crime. Two questions, however, linger on.
The first question is whether Bulgaria and Romania were fit to become Member States in 2007. The European Commission believed so, and so did France and Germany at the time. However, this leads to the logical conclusion that both countries in fact experienced a deterioration of the rule of law since accession.
The second question is whether Bulgaria and Romania can actually, at any point in the future, join the Schengen area. This is not an absurd question, since if separate Member States reaffirm their right of individual assessment of the quality of the judicial systems of candidates, it may turn out that both Bulgaria and Romania are assessed against unachievable standards that surpass the present level of rule of law in the Schengen area. Again, this is a logically derived possibility.
France and Germany should understand that answering both questions will have its consequences for the level of solidarity and cohesion in the European Union.