I. ‘With or Without me’: The ECJ Adopts a Pose of Studied Neutrality Towards EU Enlargement
In three judgments delivered on 27 September 2001, the European Court of Justice ruled on the legal effects of clauses in the Europe Agreements which accord candidate country nationals limited rights to establish themselves as self-employed persons in the Member States of the European Union (EU).1 The Court refused to interpret these provisions as steps on the road to full-fledged EU membership which should be given a dynamic reading in order to provide continuing impetus for enlargement. The significance of these judgments lies less in their legal pronouncements than in their wider political implications. The judgments indicate that the Court is not prepared to act as a second chaperone of the process of enlargement alongside the Commission.