Brussels is testing technical pathways to keep Ukraine’s EU accession process moving despite Hungary’s ongoing block, with the issue expected to feature at an informal European Council meeting in Copenhagen on 1st October.
Leaders are set to discuss Ukraine’s reform track and next procedural steps alongside defence support, according to the Council’s agenda.
Budapest has for more than a year refused to approve the opening of the first cluster of accession negotiations with Ukraine, the “fundamentals” chapter that covers rule of law, judiciary, human rights and public procurement. Hungary’s foreign minister, Péter Szijjártó, reiterated on 30 August that his government would not agree to launch the initial phase, keeping the talks formally stalled. The European Commission has said there are “no objective reasons” to block the opening of that phase.
In response, EU institutions and several member states have explored ways to advance the file without breaching unanimity requirements. One option under discussion is to expand “technical” work inside negotiating clusters even without a formal mandate, allowing the Commission and Kyiv to proceed with preparatory steps—drafting benchmarks, aligning draft laws with the acquis, and running expert-level screenings—so that, once the veto is lifted, chapters could be opened and provisionally closed more quickly. The Financial Times reported that this approach could also be applied to Moldova.
A separate strand concerns possible rule changes for enlargement decisions. Diplomats have floated the idea of shifting some procedural acts—such as opening specific chapters—towards qualified majority voting, though legal services caution that any such change itself requires unanimous agreement under the existing treaties. Public briefings indicate that European Council President António Costa has been canvassing options to avoid paralysis, but no consensus has been announced.
While the political blockage persists, the Commission has continued to engage Ukraine on substance. Enlargement Commissioner Marta Kos is visiting Kyiv from 29th September to 1st October, marking the conclusion of the formal screening stage and highlighting progress on reforms associated with the accession track. Continued screening follow-up and bilateral expert meetings are among the measures Brussels can deploy without a Council decision to open chapters.
The Copenhagen meeting comes against a wider regional backdrop. EU leaders and partners are due to gather in Denmark this week, with the European Political Community also convening. The Danish hosts have placed security and resilience on the agenda, and Ukraine’s EU path is expected to be referenced across formats. The Council’s notice for 1 October lists Ukraine’s accession steps as a dedicated point, creating an opportunity for leaders to signal political backing for interim measures even if unanimity on opening negotiations remains out of reach.
For Kyiv, the objective is to avoid a loss of momentum between the completion of screening and the formal launch of chapter-by-chapter talks. Ukrainian officials have indicated support for the Commission’s technical workaround, arguing that structured preparatory work would help lock in reforms and reduce delays once a mandate is secured. However, diplomats acknowledge risks: prolonged pre-mandate activity can weaken incentives for difficult reforms and may entrench divergent expectations between the Commission and capitals.
For member states, the legal red lines are clear. Treaty provisions on accession require unanimity at key stages, and most capitals are reluctant to set precedents that dilute veto powers. At the same time, several argue that without sustained technical engagement Ukraine’s alignment with EU standards could stall, undermining credibility after candidate status and the initiation of talks in 2024. Balancing these concerns, officials in Brussels have framed the current plan as “shadow negotiations” that remain strictly preparatory and reversible until the Council acts.
Hungary links its position to bilateral disputes with Kyiv and broader concerns about the economic and security implications of enlargement. Budapest has also clashed with EU institutions on rule-of-law conditionality and sanctions policy, complicating efforts to strike a package deal. The present standoff follows earlier episodes where leaders used procedural manoeuvres to avoid a formal veto at decisive moments, but Hungarian ministers maintain that opening the fundamentals cluster for Ukraine will remain blocked for now.
The coming days will test whether leaders can agree on a common line in Copenhagen: endorse intensified technical work, map benchmarks for the fundamentals cluster, and set conditions for a swift intergovernmental conference once unanimity is available. None of these steps substitute for a Council decision, but they would keep the accession track active. If momentum is maintained through technical means, proponents argue, Ukraine could move rapidly when the political impasse lifts; if not, the process risks drifting, with costs for credibility on both sides.
