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15 - The EU and its neighbours

Bart Van Vooren  and
Ramses A. Wessel
Bart Van Vooren
Affiliation:
ALTIUS, Brussels
Ramses A. Wessel
Affiliation:
University of Twente, Enschede, The Netherlands
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Summary

Central issues

  • This chapter examines the wide ranges of policies and means through which the EU engages with the countries in its neighbourhood: first, EU enlargement policy, which is sometimes considered the most successful of all EU external policies; second, the EU has developed the ENP for those countries that are not eligible for membership either permanently or in the short to medium term; third, the Stability and Association Process (SAP) with the Western Balkan countries; fourth, EU relations with the EEA/EFTA countries; fifth and finally, EU relations with the Russian Federation.

  • The EU has gone through seven rounds of enlargement. At present, we can speak of a true EU enlargement ‘policy’ with its own legal basis, rationale, objectives, instruments and decision-making dynamic. This chapter explains the key criteria and soft and hard legal instruments that make up this policy. It utilizes the 2004 ‘big bang enlargement’ to explain how this policy has grown in a piecemeal fashion. Looking to the future, the chapter indicates how future enlargements may raise novel questions, and how the EU’s response will almost certainly be influenced by individual Member State interests.

  • The ENP originated from the fifth enlargement in 2004, and aims to create a special relationship with those third countries to the south and east that were not included in that process. From an instrumental perspective, this policy provides an excellent case study of the use of soft law in EU external relations law. From a methodological perspective, it illustrates how the EU has drawn on objectives and processes from EU enlargement policy, and applied them in a non-accession context, with commensurate difficulties. As regards instruments, it builds on binding bilateral frameworks, and then utilizes a plethora of soft legal documents to reorientate them towards new neighbourhood objectives.

  • The SAP applies to the Western Balkans countries, and has an express EU accession perspective: Serbia, FYROM, Albania, Kosovo, Montenegro, and Bosnia and Herzegovina. Croatia emancipated from this policy upon its accession in July 2013. The policy is based on Stabilisation and Association Agreements (SAA) which have been concluded specifically to stabilize the region, utilizing conditionality and legal approximation to attain their accession objective.

  • …

    • Type
    Chapter
    Information
    EU External Relations Law
    Text, Cases and Materials
     , pp. 516 - 569
    Publisher: Cambridge University Press
    Print publication year: 2014

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    References

    Blockmans, S., Tough Love: The European Union’s Relations with the Western Balkans (The Hague: T.M.C. Asser Press, 2007).Google Scholar
    Blockmans, S. and Lazowski, A. (eds.), The European Union and its Neighbours – A Legal Appraisal of the EU’s Policies of Stabilisation, Partnership and Integration (The Hague: T.M.C. Asser Press, 2006).Google Scholar
    Blockmans, S. and Van Vooren, B., ‘Revitalizing the European Neighbourhood Economic Community, The Case for Legally Binding Sectoral Multilateralism’ (2012) 17 European Foreign Affairs Review 577–604.CrossRefGoogle Scholar
    Cremona, M. (ed.), The Enlargement of the European Union (Oxford: Oxford University Press, 2003).CrossRefGoogle Scholar
    Cremona, M., ‘EU Enlargement: Solidarity and Conditionality’ (2005) 30 European Law Review 3–22.Google Scholar
    Cremona, M., The European Neighbourhood Policy: Legal and Institutional Issues (CDDRL Working Paper No. 2004/25).Google Scholar
    Cremona, M., ‘The European Neighbourhood Policy: More than a Partnership?’, in Cremona, M. (ed.) Developments in EU External Relations Law (Oxford: Oxford University Press, 2008).CrossRefGoogle Scholar
    Cremona, M. and Hillion, C., L’Union fait la force? Potential and Limitations of the European Neighbourhood Policy as an Integrated EU Foreign and Security Policy (EUI Law Working Paper 2006/49).Google Scholar
    Cremona, M. and Meloni, G., The European Neighbourhood Policy: A Framework for Modernisation? (EUI Law Working Paper 2007/21).CrossRefGoogle Scholar
    Dannreuther, R., ‘Developing the Alternative to Enlargement: The European Neighbourhood Policy’ (2006) 11 European Foreign Affairs Review 183–201.CrossRefGoogle Scholar
    De Witte, B., ‘The Impact of Enlargement on the Constitution of the European Union’, in Cremona, M. (ed.), The Enlargement of the European Union (Oxford: Oxford University Press, 2003).Google Scholar
    Elbasani, A., The European Integration and Transformation in the Western Balkans: Europeanization or Business as Usual? (Abingdon/New York: Routledge, 2013).CrossRefGoogle Scholar
    Elbasani, A., The Stabilisation and Association Process in the Balkans: Overloaded Agenda and Weak Incentives? (EUI Working Paper, SPS 2008/03).CrossRefGoogle Scholar
    Hillion, C. (ed.), EU Enlargement: A Legal Approach (Oxford: Hart Publishing, 2004).Google Scholar
    Hillion, C., ‘Mapping-Out the New Contractual Relations between the European Union and its Neighbours: Learning from the EU–Ukraine “Enhanced Agreement”’ (2007) 12 European Foreign Affairs Review 169–182.CrossRefGoogle Scholar
    Hillion, C., ‘Partnership and Cooperation Agreements between the European Union and the New Independent States of the Ex-Soviet Union’ (1998) 3 European Foreign Affairs Review 399–420.CrossRefGoogle Scholar
    Hillion, C., ‘The Copenhagen Criteria and their Progeny’, in Hillion, C. (ed.), EU Enlargement: A Legal Approach (Oxford: Hart Publishing, 2004), pp. 1–23.Google Scholar
    Hillion, C., The Creeping Nationalisation of the EU Enlargement Policy (Stockholm: SIEPS Report 2010/6).Google Scholar
    Hillion, C., ‘The European Union Is dead. Long Live the European Union . . . A Commentary on the Accession Treaty 2003’ (2004) 29 European Law Review 583–612.Google Scholar
    Inglis, K., ‘The Europe Agreements Compared in the Light of their Pre-Accession Reorientation’ (2000) 37 Common Market Law Review 1173–1210.CrossRefGoogle Scholar
    Inglis, K., ‘The Union’s Fifth Accession Treaty: New Means to Make Enlargement Possible’ (2004) 41 Common Market Law Review 937–973.CrossRefGoogle Scholar
    Kaddous, C., ‘The Relations between the EU and Switzerland’, in Dashwood, A. and Maresceau, M. (eds.), Law and Practice of EU External Relations – Salient Features of a Changing Landscape (Cambridge: Cambridge University Press, 2008), pp. 227–269.CrossRefGoogle Scholar
    Lazowski, A., ‘Enhanced Multilateralism and Enhanced Bilateralism: Integration without Membership in the European Union’ (2008) 45 Common Market Law Review 1433–1458.CrossRefGoogle Scholar
    Leino, P. and Petrov, R., ‘Between ‘Common Values’ and Competing Universals – The Promotion of the EU’s Common Values through the European Neighbourhood Policy’ (2009) 15 European Law Journal 654–671.CrossRefGoogle Scholar
    Maresceau, M., ‘Pre-Accession’, in Cremona, M. (ed.), The Enlargement of the European Union (Oxford: Oxford University Press, 2003).Google Scholar
    Mayhew, A., Recreating Europe: The European Union’s Policy Towards Central and Eastern Europe (Cambridge: Cambridge University Press, 1998).Google Scholar
    Meloni, G. ‘Is the Same Toolkit Used During Enlargement Still Applicable to the Countries of the New Neighbourhood? A Problem of Mismatching between Objectives and Instruments’, in M. Cremona and G. Meloni, The European Neighbourhood Policy: A Framework for Modernisation? (EUI Law Working Paper 2007/21).Google Scholar
    Ott, A. and Inglis, K. (eds.), Handbook on European Enlargement – A Commentary on the Enlargement Process (The Hague: T.M.C. Asser Press, 2002).CrossRefGoogle Scholar
    Philippart, E. and Edwards, G., ‘The Euro–Mediterranean Partnership: Fragmentation and Reconstruction’ (1997) 2 European Foreign Affairs Review 465–489.CrossRefGoogle Scholar
    Rhein, E., ‘European and the Mediterranean: A Newly Emerging Geopolitical Area?’ (1996) 1 European Foreign Affairs Review 79–86.CrossRefGoogle Scholar
    Rummel, R. (ed.), Toward Political Union – Planning a Common Foreign and Security Policy in the European Community (Baden-Baden: Nomos, 1992).Google Scholar
    Skoutaris, N., The Cyprus Issue: The Four Freedoms in a Member State under Siege (Oxford: Hart Publishing, 2011).Google Scholar
    Smith, K. E., ‘The Evolution and Application of EU Membership Conditionality’, in Cremona, M. (ed.), The Enlargement of the European Union (Oxford: Oxford University Press, 2003).Google Scholar
    Tsoukalis, L., ‘The EEC and the Mediterranean: Is “Global” Policy a Misnomer?’ (1977) 53 International Affairs 422–438.CrossRefGoogle Scholar
    Tulmets, E., ‘The European Neighbourhood Policy: A Flavour of Coherence in the EU’s External Relations?’ (2008) 3 Hamburg Review of Social Sciences 107–141.Google Scholar
    Van Elsuwege, P. ‘The Four Common Spaces: New Impetus to the EU–Russia Strategic Partnership?’, in Dashwood, A. and Maresceau, M. (eds.), Law and Practice of EU External Relations – Salient Features of a Changing Landscape (Cambridge: Cambridge University Press, 2008), pp. 334–359.CrossRefGoogle Scholar
    Van Elsuwege, P., Towards a Modernisation of EU–Russia Legal Relations? (CEURUS EU–Russia Papers, No. 5, 2012).Google Scholar
    Van Elsuwege, P. and Petrov, R., ‘Article 8 TEU: Towards a New Generation of Agreements with the Neighbouring Countries of the European Union?’ (2011) 36 European Law Review 688–703.Google Scholar
    Van Vooren, B., ‘A Case Study of “Soft Law” in EU External Relations: The European Neighbourhood Policy’ (2009) 34 European Law Review 696–719.Google Scholar
    Van Vooren, B., EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence (Abingdon/New York: Routledge, 2012).CrossRefGoogle Scholar
    Communication from the Commission to the European Parliament and the Council, Commission Opinion on Serbia’s application for membership to the European Union, COM(2011) 668 final, Brussels, 12 October 2011 Google Scholar
    General Affairs Council, Conclusions on Enlargement and the Stabilisation and Association Process, Brussels, 28 February 2012 Google Scholar
    Hillion, C., ‘The Copenhagen Criteria and their Progeny’, in Hillion, (ed.), EU Enlargement: A Legal Approach (Oxford: Hart Publishing, 2004), p. 3.Google Scholar
    European Commission, Europe and the Challenge of Enlargement, 24 June 1992, Bulletin of the EC Google Scholar
    European Commission, Europe and the Challenge of Enlargement, 24 June 1992, Bulletin of the EC Google Scholar
    European Commission, Europe and the Challenge of Enlargement, 24 June 1992, Bulletin of the EC Google Scholar
    Smith, K. E., ‘The Evolution and Application of EU Membership Conditionality’, in Cremona, M. (ed.), The Enlargement of the European Union (Oxford: Oxford University Press, 2003), p. 112.Google Scholar
    European Commission, Europe and the Challenge of Enlargement, 24 June 1992, Bulletin of the EC Google Scholar
    Rummel, R. (ed.), Toward Political Union – Planning a Common Foreign and Security Policy in the European Community (Baden-Baden: Nomos, 1992), p. 362.Google Scholar
    Mayhew, A., Recreating Europe: The European Union’s Policy Towards Central and Eastern Europe (Cambridge: Cambridge University Press, 1998), pp. 19–21.Google Scholar
    European Commission, White Paper – Preparation of the Associated Countries of Central and Eastern Europe for Integration into the Internal Market of the Union, Brussels, 3 May 1995 Google Scholar
    Inglis, K., ‘The Europe Agreements Compared in the Light of their Pre-Accession Reorientation’ (2000) 37 Common Market Law Review 1173–1210 at 1182.CrossRefGoogle Scholar
    European Commission, Agenda 2000: For a stronger and wider Union, 15 July 1997 Google Scholar
    Commission Communication, Agenda 2000: For a stronger and wider Union, COM(97) 2000 final, 15 July 1997, p. 89Google Scholar
    Hillion, , ‘The European Union Is Dead. Long Live the European Union . . . A Commentary on the Accession Treaty 2003’ (2004) 29 European Law Review 583–612 at 593.Google Scholar
    European Convention, Title IX: The Union and its immediate environment, Brussels, 2 April 2003 Google Scholar
    Blockmans, S. and Van Vooren, B., ‘Revitalizing the European Neighbourhood Economic Community: The Case for Legally Binding Sectoral Multilateralism’ (2012) 17 European Foreign Affairs Review 577–604.Google Scholar
    European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument, Brussels, 7 December 2011, COM(2011) 839 final, p. 7Google Scholar
    European Commission, Relations between the Community and the Countries of the Mediterranean Basin, SEC(72) 3111 final, Brussels, September 1972 Google Scholar
    Tsoukalis, L., ‘The EEC and the Mediterranean: Is ‘Global’ Policy a Misnomer?’ (1977) 53 International Affairs 422–438 at 422.CrossRefGoogle Scholar
    Philippart, E. and Edwards, G., ‘The Euro–Mediterranean Partnership: Fragmentation and Reconstruction’ (1997) 2 European Foreign Affairs Review 465–489 at 469.Google Scholar
    Solana, Javier and Patten, Chris, Joint Letter, Wider Europe, 7 August 2002 Google Scholar
    Conclusions of the GAER Council, New Neighbours Initiative, 30 September 2002 Google Scholar
    Conclusions of the GAER Council, European Neighbourhood Policy, 14 June 2004 Google Scholar
    Communication from the Commission to the European Parliament and the Council, Eastern Partnership, COM(2008) 823/4, Brussels, 8 December 2008, p. 2Google Scholar
    Communication from the Commission, Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours, Brussels, 11 March 2003 Google Scholar
    Cremona, , ‘The European Neighbourhood Policy: More than a Partnership?’, in Cremona, (ed.) Developments in EU External Relations Law (Oxford: Oxford University Press, 2008), p. 258.CrossRefGoogle Scholar
    Prodi, Romano, A Wider Europe – A Proximity Policy as the Key to Stability, Sixth ECSA World Conference Brussels, 5–6 December 2002 Google Scholar
    Kaddous, C., ‘The Relations between the EU and Switzerland’, in Dashwood, A. and Maresceau, M. (eds.), Law and Practice of EU External Relations – Salient Features of a Changing Landscape (Cambridge: Cambridge University Press, 2008), p. 228.Google Scholar
    Blockmans, , Tough Love: The European Union’s Relations with the Western Balkans (The Hague: T.M.C. Asser Press, 2007), p. 248.CrossRefGoogle Scholar
    Commission Communication, On a Feasibility Study for a Stabilisation and Association Agreement between the European Union and Kosovo∗ [sic], Brussels, 10 October 2012 Google Scholar

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