No CrossRef data available.
Article contents
The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?*
Published online by Cambridge University Press: 27 October 2017
Abstract
The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP.
The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.
- Type
- Research Article
- Information
- Copyright
- Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2013
Footnotes
The chapter is based on a forthcoming book The ENP and the Democratic Values of the EU: A Legal Analysis (Oxford, Hart Publishing, 2014).
References
1 European Commission, ‘Wider Europe—Neighbourhood: A New Framework for Relations with Our Eastern and Southern Neighbours (Communication)’ COM(2003) 104 final (Wider Europe Communication).
2 Comelli, M, Greco, E and Tocci, N, ‘From Boundary to Borderland: Transforming the Meaning of Borders through the European Neighbourhood Policy’ (2007) 12 European Foreign Affairs Review 203, 214–15Google Scholar; Dannreuther, R, ‘Developing the Alternative to Enlargement: The European Neighbourhood Policy’ (2006) 11 European Foreign Affairs Review 183, 186Google Scholar; Hillion, C, ‘Widen to Deepen? The Potential and Limits of Accession Treaties to Achieve EU Constitutional Reform’ in Blockmans, S and Prechal, S (eds), Reconciling the Deepening and Widening of the European Union (The Hague, TMC Asser Press, 2007) 157–65, 158CrossRefGoogle Scholar; Blockmans, S and Prechal, S, ‘The European Integration Process: A Continuum of “Deepening” and “Widening”’ in Blockmans, S and Prechal, S (eds), Reconciling the Deepening and Widening of the European Union (The Hague, TMC Asser Press, 2007) 1–12, 4CrossRefGoogle Scholar.
3 The ENP addressee states include Ukraine, Moldova, Georgia, Armenia, Azerbaijan, Belarus, Jordan, Syria, Libya, Egypt, Algeria, Tunisia, Morocco, Israel, the Occupied Palestinian Territory and Lebanon. Presidency Conclusions, European Council, 12–13 December 2002; Bicchi, F, European Foreign Policy Making Towards the Mediterranean (Basingstoke, Palgrave Macmillan, 2007) 177 Google Scholar; Missiroli, A, ‘The EU and its Changing Neighbourhood’ in Dannreuther, R (ed), European Union Foreign and Security Policy: Towards a Neighbourhood Strategy (London, Routledge, 2004) 12–26, 23Google Scholar.
4 The application was rejected on the ground that Morocco is not a ‘European’ state: Council Decision of 1 October 1987, cited in Europe Archives, Z 207.
5 Article I-57, Treaty Establishing a Constitution for Europe [2004] OJ C310/47.
6 ‘A Secure Europe in a Better World’ (European Security Strategy Paper, Brussels, 12 December 2003); Missiroli, A and Quille, G, ‘European Security in Flux’ in Cameron, F (ed), The Future of Europe: Integration and Enlargement (London, Routledge, 2004) 114–34, 118–19Google Scholar; D Lynch, ‘The European Neighbourhood Policy’ (Workshop ‘European Neighbourhood Policy: Concepts and Instruments’, Prague, June 2004) 2; Aliboni, R, ‘The Geopolitical Implications of the European Neighbourhood Policy’ (2005) 10 European Foreign Affairs Review 1, 1Google Scholar; M Cremona and C Hillion, ‘L’Union fait la force? Potential and Limitations of the ENP as an Integrated EU Foreign and Security Policy’ in N Copsey and A Mayhew (eds), European Neighbourhood Policy: The Case of Europe (2006) Sussex European Institute Seminar Papers Series No 1, 20–44, 23.
7 European Commission, ‘European Neighbourhood Policy Strategy Paper (Communication)’ COM(2004) 373 final, 2, 6 (ENP Strategy Paper); European Security Strategy Paper (n 6) 8.
8 Smith, M and Webber, K, ‘Political Dialogue and Security in the European Neighbourhood Policy: The Virtues and Limits of “New Partnership Perspectives”’ (2008) 13 European Foreign Affairs Review 73, 81 Google Scholar.
9 Wallace, W, ‘Looking after the Neighbourhood: Responsibilities for the EU-25’ (2003) 4 Notre Europe Policy Papers 27 Google Scholar.
10 Zaiotti, R, ‘Of Friends and Fences: Europe’s Neighbourhood Policy and the “Gated Community Syndrome”’ (2007) 29 European Integration 143, 149 CrossRefGoogle Scholar.
11 The Consolidated Version of the Treaty on European Union [2010] OJ C83/13 (TEU).
12 The concept of security is no longer understood in narrow terms and it can encompass environmental, energy, cyber-security and other threats. Such a wide understanding of security is present in the 2008 evaluation of the ESS: Report on the Implementation of the European Security Strategy: Providing Security in a Changing World (Brussels, European Council, 2008) 5–6.
13 Wider Europe Communication (n 1).
14 Cremona and Hillion (n 6) 24.
15 Lynch, D, ‘The Security Dimension of the European Neighbourhood Policy’ (2005) 40 International Spectator 33, 35CrossRefGoogle Scholar; Zaiotti (n 10) 148.
16 Lazowski, A, ‘With But Without You … The Europeanisation of Legal Orders of the Neighbouring Countries’ in Ott, A and Vos, E (eds), Fifty Years of European Integration: Foundations and Perspectives (The Hague, TMC Asser Press, 2009) 247–70, 266CrossRefGoogle Scholar.
17 See, eg, Kelley, J, ‘New Wine in Old Wineskins: Policy Learning and Adaptation in the New European Neighbourhood Policy’ (2006) 44 Journal of Common Market Studies 29 CrossRefGoogle Scholar; A Magen, ‘The Shadow of Enlargement: Can the European Neighbourhood Policy Achieve Compliance?’ (2006) Centre on Democracy, Development and the Rule of Law, Stanford Institute for International Studies, Working Papers, No 68; G Meloni, ‘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 (eds), The European Neighbourhood Policy: A New Framework for Modernisation? (2007) EUI Working Papers, LAW 2007/21, 97–111; Balfour, R and Rotta, A, ‘Beyond Enlargement. The European Neighbourhood Policy and its Tools’ (2005) 40 International Spectator 7 CrossRefGoogle Scholar; Kochenov, D, ‘The ENP Conditionality: Pre-Accession Mistakes Repeated’ in Delcour, L and Tulmets, E (eds), Pioneer Europe? Testing EU Foreign Policy in the Neighbourhood (BadenBaden, Nomos, 2008) 105–20Google Scholar.
18 Comelli, M, ‘The Challenges of the European Neighbourhood Policy’ (2004) 3 International Spectator 97, 105–06CrossRefGoogle Scholar.
19 Hillion, C, ‘The EU’s Neighbourhood Policy Towards Eastern Europe’ in Dashwood, A and Maresceau, M (eds), Law and Practice of EU External Relations (Cambridge, Cambridge University Press, 2008) 309–33, 309CrossRefGoogle Scholar.
20 For the definition of soft law, see Senden, L, Soft Law in European Community Law (Oxford, Hart Publishing, 2005) 112 Google Scholar.
21 Van Vooren, B, External Relations Law of the EU and the European Neighbourhood Policy: A Paradigm for Coherence (London, Routledge, 2011) 181 Google Scholar.
22 European Commission, ‘Proposals for Action Plans under the European Neighbourhood Policy (Communication)’ COM(2004) 795 final, 4.
23 Comelli, Greco and Tocci (n 2) 213.
24 R Prodi ‘A Wider Europe: A Proximity Policy as the Key to Stability’ (Speech 02/619 to the Sixth ECSA-World Conference, Brussels, 5–6 December 2002).
25 Wider Europe Communication (n 1) 4.
26 Council Conclusion, General Affairs and External Relations, 19–20 June 2003; Balfour and Rotta (n 17) 12–14; 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) 244–99, 292CrossRefGoogle Scholar.
27 European Commission, ‘Strengthening the European Neighbourhood Policy (Communication)’ COM(2006) 726 final, 3–4; ‘Strengthening the European Neighbourhood Policy: Presidency Progress Report’, General Affairs and External Relations Council, 18–19 June 2007, 3.
28 M Cremona, ‘The European Neighbourhood Policy as a Framework for Modernisation’ in F Maiani, R Petrov, E Mouliarova (eds), European Integration without EU Membership: Models, Experiences, Perspectives (2009) EUI Working Papers, MWP 2009/10, 5–15, 12.
29 Wider Europe Communication (n 1) 17; ENP Strategy Paper (n 7) 3.
30 Case 181/73, Haegeman v Belgium [1974] ECR 449 [5]; Case 104/81, Hauptzollamt Mainz v Kupferberg [1982] ECR 3641 [22].
31 According to Hoffmeister, on average around three years pass between the moment of signature and the ultimate conclusion of a new agreement; Hoffmeister, F, ‘Curse or Blessing? Mixed Agreements in the Recent Practice of the European Union and its Member States’ in Hillion, C and Koutrakos, P (eds), Mixed Agreements Revisited: The EU and its Member States in the World (Oxford, Hart Publishing, 2010) 249–68, 256Google Scholar.
32 No Action Plans have been agreed with Algeria, Belarus, Libya or Syria.
33 Van Vooren, B, ‘The European Union as an International Actor and Progressive Experimentation in its Neighbourhood’ in Koutrakos, P (ed), European Foreign Policy: Legal and Political Perspectives (Cheltenham, Edward Elgar Publishing, 2011) 147–71, 161Google Scholar.
34 European Commission, ‘Proposals for Action Plans under the European Neighbourhood Policy (Communication)’ COM(2004) 795 final, 3.
35 Wider Europe Communication (n 1) 16.
36 Kochenov (n 17) 105–20, 116; Magen (n 17) 415; Smith, KE, ‘The Outsiders: The European Neighbourhood Policy’ (2005) 81 International Affairs 757, 765CrossRefGoogle Scholar; N Tocci, ‘Can the EU Promote Democracy and Human Rights Through the ENP? The Case for Refocusing on the Rule of Law’ in M Cremona and G Meloni (eds), The European Neighbourhood Policy: A New Framework for Modernisation? (2007) EUI Working Papers, LAW 2007/21, 23–35, 31.
37 Cremona (n 28) 9.
38 Wider Europe Communication (n 1) 15; European Council Conclusions on Wider Europe—New Neighbourhood, 19–20 June 2003.
39 Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part [2005] OJ L265; Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part [2004] OJ L304; Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part [2002] OJ L129; Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part [2000] OJ L147; Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part [2000] OJ L070; Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part [1998] OJ L97.
40 Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part [2004] OJ L304; Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part [2006] OJ L143.
41 Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part [1999] OJ L239/3; Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part [1999] OJ L246/3; Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Georgia, of the other part [1999] OJ L205/3; Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part [1998] OJ L181; Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part [1998] OJ L049.
42 Peers, S, ‘From Cold War to Lukewarm Embrace: The European Union’s Agreements with the CIS States’ (1995) 44 International and Comparative Law Quarterly 829, 829 CrossRefGoogle Scholar.
43 Article 28 of the Regulation (EC) 1638/2006 of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument [2006] OJ L310/1 (ENPI).
44 Ibid art 2(2).
45 Ibid arts 2(1) and 3(1).
46 The ENPI relies on the Action Plans as a point of reference for assistance allocation, and the allocation takes place via National Indicative Programmes, which are soft law in nature.
47 Azerbaijan is the largest trade partner of the EU in the region, with over almost 99 per cent of trade accounted for hydrocarbon resources: Trade Statistics, European Commission, DG Trade, 27 March 2012.
48 Memorandum of Understanding on a Strategic Partnership between the European Union and the Republic of Azerbaijan in the Field of Energy, 12. Available at: http://ec.europa.eu/energy/international/doc/mou_azerbaijan_en.pdf.
49 Prior to the ENP, the Barcelona Process provided a multilateral framework for cooperation in the Southern neighbourhood. For the discussion of the Member States’ position, see Van Vooren (n 33) 152–53.
50 T Vogel, ‘Split over Direction Overshadows Eastern Partnership Summit’ European Voice (22 September 2011). Available at: www.europeanvoice.com/article/imported/split-overdirection-overshadows-eastern-partnership-summit/72073.aspx.
51 Van Elsuwege, P, ‘Variable Geometry in the European Neighbourhood Policy: The Principle of Differentiation and its Consequences’ in Lannon, E (ed), The European Neighbourhood Policy’s Challenges (Brussels, PIE Peter Lang, College of Europe Studies, 2012) 59–84, 66–67Google Scholar.
52 E Vucheva, ‘EU Shies Away from Strong Action against Russia’ EU Observer (1 September 2008). Available at: http://euobserver.com/foreign/26667. See also P Runner, ‘EU Diplomats Keen to Avoid Russia Controversy’ EU Observer (13 August 2008). Available at: http://euobserver.com/foreign/26605. See also Smith, KE, ‘Enlargement, the Neighbourhood, and European Order’ in Hill, C and Smith, M (eds), International Relations and the European Union, 2nd edn (Oxford, Oxford University Press, 2011) 299–323, 319Google ScholarPubMed.
53 Presidency Conclusions, Extraordinary European Council, 1 September 2008, 3.
54 Four thematic platforms have been established to pursue dialogue in the areas of democracy and good governance, economic integration, energy, security and contacts between people; however, they do not affect any of the legal obligations undertaken within the policy.
55 Council of the European Union, Joint Declaration of the Prague Eastern Partnership Summit, Prague, 7 May 2009.
56 European Commission, ‘Eastern Partnership (Communication)’ COM(2008) 823 final (Eastern Partnership Communication) 2.
57 Kochenov, D, EU Enlargement and the Failure of Conditionality: Pre-Accession Conditionality in the Field of Democracy and the Rule of Law (Austin, Wolters Kluwer Law and Business, 2008) 29–30Google Scholar; Hillion, C, ‘Enlargement of the European Union: A Legal Analysis’ in Arnull, A and Wincott, D (eds), Accountability and Legitimacy in the European Union (Oxford, Oxford University Press, 2002) 401–18, 403Google Scholar.
58 See the official website of the EEAS. Available at: http://eeas.europa.eu/regions/index_en.htm.
59 European Parliament Resolution on the Review of the European Neighbourhood Policy 2011/2157(INI), 14 December 2011, para 37; European Parliament Resolution on the Review of the European Neighbourhood Policy—Eastern Dimension, P7_TA(2011)0153, 7 April 2011, para 10.
60 Van Vooren (n 33) 169.
61 Eastern Partnership Communication (n 56) 3.
62 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, 175–76Google Scholar.
63 Eastern Partnership Communication (n 56) 10.
64 The Preamble to the EEA Agreement states that it ‘shall not prejudge in any way the possibility of any EFTA State to accede to the European Communities’: Agreement on the European Economic Area, [1994] OJ L1; Cremona, M, ‘The “Dynamic and Homogeneous” EEA: Byzantine Structures and Various Geometry’ (1994) 19 European Law Review 508 Google Scholar.
65 European Council Conclusions, 17 June 2010, 9.
66 Fourth Recital, Preamble to EEA Agreement, [1994] OJ L1/1, art 1.
67 Ibid art 6; Cremona (n 64) 516, 518.
68 Cremona, M, ‘Enlargement: A Successful Instrument of EU Foreign Policy?’ in Tridimas, T and Nebbia, P (eds), European Union Law for the Twenty-First Century (Oxford, Hart Publishing, 2004) 317–414, 410Google Scholar.
69 A Lazowski, ‘Box of Chocolates Integration: The European Economic Area and the Swiss Model Revisited’ in Blockmans and Prechal (n 2) 87–109, 110.
70 Joint Declaration of the Prague Eastern Partnership Summit Prague, 7 May 2009, 7.
71 High Representative of the Union for Foreign Affairs and Security Policy and the European Commission, ‘A New Response to a Changing Neighbourhood: A Review of the European Neighbourhood Policy (Joint Communication)’ COM(2011) 303, 8–9.
72 Eastern Partnership Communication (n 56) 3, 8; Ghazaryan, N, ‘The Evolution of the ENP and the Consistent Evolvement of its Inconsistencies’ (2012) 7 Russian and European Affairs Review 1, 11–12Google Scholar.
73 ENP Strategy Paper (n 7) 8, 14.
74 Azerbaijan applied for WTO membership in 1997, but it has since made little progress in satisfying the entry requirements. Belarus applied for WTO membership in 1993; however, the negotiations were halted in 2005. In recent years, more engagement with the issue is noticeable on behalf of Belarus linked to the Russian accession to the WTO in 2012.
75 Conclusions, Foreign Affairs Council on Ukraine, 10 December 2012.
76 Van Vooren (n 21) 203–10.
77 EU-Ukraine Association Agenda 2.
78 Van Vooren (n 33) 169.
79 ENP Strategy Paper (n 7) 4–5.
80 Ibid.
81 European Commission, ‘Strengthening the Global Approach to Migration and the European Pact on Immigration and Asylum (Communication)’ COM(2008) 611 final; Eastern Partnership Communication (n 56) 6–7.
82 Press Release, ‘The European Union and the Republic of Moldova Enter into a Mobility Partnership’, IP/08/893, Brussels, 5 June 2008; Press Release, ‘The European Union and Georgia Enter into a Mobility Partnership’, IP/09/1853, Brussels, 30 November 2009; Press Release, ‘Better mobility between the EU and Armenia’, IP/11/1257, 27 November 2011.
83 RH Sagrera, ‘Moldova: Pioneering Justice and Home Affairs Cooperation with the EU in the Eastern Partnership?’ Moldova’s Foreign Policy Statewatch, Issue 30, Institute for Development and Social Initiatives ‘Viitorul’ 2011, 3.
84 Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas [2007] OJ L334/169; Council Decision 2007/840/EC of 29 November 2007 on the conclusion of the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas [2007] OJ L332/66; Agreement between the European Community and Ukraine on the facilitation of the issuance of visas [2007] OJ L332/68.
85 Presidency Conclusions, Extraordinary European Council Conclusions, 1 September 2008, 3.
86 Agreement between the European Union and Georgia on the facilitation of the issuance of visas [2011] OJ L52/34; Agreement between the European Union and the Republic of Armenia on the facilitation of the Issuance of Visas, Council of the European Union, Brussels, 4 December 2012, 16913/12.
87 Israel is an exception in the Southern neighbourhood as it enjoys a visa-free travel regime with the Schengen states.
88 European Commission, ‘A Dialogue for Migration, Mobility and Security with the Southern Mediterranean Countries (Communication)’ COM(2011) 292/3; High Representative of the Union for Foreign Affairs and Security Policy and European Commission, ‘Delivering on a New European Neighbourhood Policy’ (Joint Communication) JOIN (2012) 14 final, 13.
89 Press Release, ‘Migration and Mobility Partnership signed between the EU and Morocco’, IP/13/513, 7 June 2013.
90 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, 703Google Scholar.
91 Wider Europe Communication (n 1) 4. For instance, the ENP country reports for individual states note that: ‘The overarching objective of the European Neighbourhood Policy and of the ENPI is to promote the development of an area of prosperity and good neighbourliness between the European Union and the partner countries covered by the ENP.’
92 In addition, ‘regionalisation’ can be assumed under this criterion as it is applied in the Stabilisation and Association Process: Presidency Conclusions, Essen European Council, 9–10 December 1994; Van Elsuwege and Petrov (n 90) 695; Smith, KE, ‘The Evolution and Application of EU Membership Conditionality’ in Cremona, M (ed), The Enlargement of the European Union (Oxford, Oxford University Press, 2003) 105–39, 114–15CrossRefGoogle Scholar.
93 Eeckhout, P, EU External Relations Law, 2nd edn (Oxford, Oxford University Press, 2011) 169 CrossRefGoogle Scholar.
94 ‘Conference on Security and Cooperation in Europe: Final Act’, Helsinki 1975; ‘Charter of Paris for a New Europe’ CSCE, Paris 1990.
95 D Hanf, ‘The European Neighbourhood Policy in the Light of the New “Neighbourhood Clause” (Article 8 TEU)’ in Lannon (n 51) 109–23, 116.
96 Cremona, M, ‘The Draft Constitutional Treaty: External Relations and External Action’ (2003) 40 Common Market Law Review 1347, 1365Google Scholar.
97 Treaty Establishing a Constitution for Europe [2004] OJ C310.
98 Hanf (n 95) 111–12.
99 Case 12/86, Demirel v City of Schwabisch Gmund [1987] ECR 3719 [9]; Van Elsuwege and Petrov (n 90) 693; Cremona (n 96) 1365; C Hillion, ‘A New Framework for the Relations between the Union and its East-European Neighbours’ in M Cremona and G Meloni (eds), The European Neighbourhood Policy: A New Framework for Modernisation? (2007) EUI Working Papers, LAW 2007/21, 147–54, 149–50.
100 E Lannon and P Van Elsuwege, ‘The Eastern Partnership: Prospects of a New Regional Dimension within the ENP’ in Lannon (n 51) 285–322, 292.
101 Fierro, E, The EU’s Approach to Human Rights Conditionality in Practice (The Hague, Martinus Nijhoff, 2003) 27 Google Scholar.
102 Hanf (n 95) 110.
103 Van Elsuwege (n 51) 72.
104 Macleod, I, Hendry, ID and Hyett, S, The External Relations of the European Communities (Oxford, Oxford University Press, 1996) 369 Google Scholar.
105 Case C-265/03, Igor Simutenkov v Ministerio de Educación y Cultura and Real Federación Española de Fútbol [2005] ECR I-02579 [27]–[28].
106 R Petrov, ‘Association Agreement versus Partnership and Co-operation Agreement. What is the Difference?’ Eastern Partnership Community, 27 January 2011. Available at: www.easternpartnership.org.
107 M Cremona, ‘Coherence in European Union Foreign Relations Law’ in Koutrakos (n 33) 55–92, 85; Koutrakos, P, ‘Legal Basis and Delimitation of Competence in EU External Relations’ in Cremona, M and de Witte, B (eds), EU Foreign Relations Law: Constitutional Fundamentals (Oxford, Hart Publishing, 2008) 171–98, 173Google Scholar.
108 Cremona, M, ‘External Relations and External Competence of the European Union’ in Craig, P and de Búrca, G (eds), Evolution of EU Law, 2nd edn (Oxford, Oxford University Press, 2011) 217–68, 225Google Scholar.
109 R Wessel, ‘Cross-pillar Mixity: Combining Competences in the Conclusion of EU International Agreements’ in Hillion and Koutrakos (n 31) 30–54, 50.
110 Van Elsuwege and Petrov (n 90) 697.
111 Article 218(3) allows the Council to nominate a negotiator when the agreement exclusively or predominantly concerns the CFSP. Article 218(6) excludes the Parliament’s assent or consultation when it comes to the CFSP, while art 218(8) ensures unanimity for CFSP-related agreements.
112 [2012] OJ L1/2.
113 Joint Communication (n 88) 3–5.
- 1
- Cited by