Moldova’s path to EU Membership and the possible activation of Article 42(7) TEU

Abstract

In December 2023, the European Council decided to open accession negotiations with Moldova, inviting the Council of the EU to adopt the respective negotiating frameworks once the relevant steps set out in the respective Commission’s Report have been implemented. Subsequently, certain important issues that arise from European Council’s decision are linked with Moldova’s security and defense due to its strained relations with Russia. Thus, in case of an accession, the European Council’s decision to grant EU candidate status to Moldova will instantly convert country’s security and defense issues to Union’s. Hence, the purpose of this article is to examine the possible activation of the mutual assistance clause enshrined in Article 42(7) TEU in case of Moldova’s accession to the EU. Initially, the article focuses on previous experience in the field by analyzing the implementation of Article 42(7) TEU on the occasion of the terrorist attacks in Paris in 2015. Then it undertakes an institutional comparison between Article 42(7) TEU and Article V of NATO Charter in terms of their binding force.