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Legal aspects of the relations between Russia and EU
Paul Kalinichenko (Doctor of Law, Professor)
Kutafin Moscow State Law Academy
Материалы разработаны при поддержке Программы Европейского Союза “Erasmus+”, Кафедра Жана Моне. Проект номер 575077-EPP-1-2016-1-RU-EPPJMO-CHAIR
With the support of the Erasmus+ programme of the European Union, Jean Monnet Chair, Project number 575077-EPP-1-2016-1-RU-EPPJMO-CHAIR
With the support of the Erasmus+ programme of the European Union
Soft Law in the EU-Russia relations
The concept of “soft law” and its role for the EU-Russia relations
The EU-Russia Road Maps
The EU-Russia Documents on Partnership for Modernisation
Other soft law in the EU-Russia relations
The concept of “soft law” and its role for the EU-Russia relations
Soft law - rules of conduct that are laid down in instruments which have not been attributed legal binding force as such, but nevertheless may have certain (indirect) legal effects, and that are aimed at and may produce practical effects.
The concept of “soft law” and its role for the EU-Russia relations
Soft law exists always in written form
In the EU-Russia relations in the forms of Declaration, Joint Statesmant, Road Map, Framework document, Memorandum
The concept of “soft law” and its role for the EU-Russia relations
Soft law has a specific vocabulary, terms of recommendation
E.g. In accordance with the Political Declaration on the Northern Dimension Policy 2006: the Sides “Express their willingness to continue…” (p. 6), “Take note of…” (p. 7), “Welcome the intention of…” (p.8)
The concept of “soft law” and its role for the EU-Russia relations
Soft law can lay down certain legal scopes for future negotiations and may make a formal record of their achievements and interim arrangements
E.g. the Joint Statement of the EU-Russia Summit of 27 June 2008 appointed the date of launching the negotiations on the NBA
The concept of “soft law” and its role for the EU-Russia relations
Soft law creates expectations that international actors will fallow the non-binding rules of conduct
E.g. the Memorandum on Early Warning Mechanism in the Energy Sector within the Framework of the EU-Russia Energy Dialogue 2009
The concept of “soft law” and its role for the EU-Russia relations
Soft law created by international organisation bounds the bodies of this organisation
E.g. Resolutions of the EP
The concept of “soft law” and its role for the EU-Russia relations
Soft law can include a model rules of conduct and be a basis for approximation of law
Veterinary memorandum 2004
Road Maps 2005
The concept of “soft law” and its role for the EU-Russia relations
Three functions of soft law:
Pre-law
Post-law
Para-law
Three functions of soft law
Pre-law: it can be considered to refer to the fact that a
particular instrument is adopted with a view to the elaboration and preparation of future hard law
the pre-law function can also be understood in a more substantive way, in the sense that soft law acts pave the way for the adoption of hard law
Three functions of soft law
Post-law:
This may relate to the putting into effect or further implementation of legislation or to facilitation of the correct interpretation and (uniform) application thereof. In this respect, the existing rules may simply be restated, but new rules may also be established in line with these, which as such are not (necessarily) inherent to the existing legal framework.
Three functions of soft law
Para-law:
It can be said to refer to its use instead of or as an alternative to hard law
The Parties agreed the rules of conduct but did not agree about binding nature of these rules
Joint Statements
Results of the EU-Russia Summits
Add and interpret the PCA provisions
Most important in period 1999-2004
Joint Statement 2010 on Partnership for Modermisation
The EU-Russia Road Maps
Road Map for the Common Economic Space
Road Map for the Common Space of Freedom, Security and Justice
Road Map for the Common Space of Foreign Security
Road Map for the Common Space of Research and Education including Cultural aspects
The EU-Russia Road Maps
adopted 10 May 2005 reflect the concept of Four Common Spaces and
develop the provisions of the PCA in the corresponding spheres.
contain a complex of practical actions for future prospects in the relations between the Parties.
does not establish fixed periods or timetables for the implementation of these actions
does not envisage clear instruments of control or responsibility for their implementation.
Road Map for the Common Space of Freedom, Security and Justice
Migration and visa facilitations
Measures against criminal activities (terrorism, money laundering, drugs, corruption, trade in human beings and other activity of trans-border criminal groups)
Judicial cooperation in civil and criminal matters
Road Map for the Common Space of Foreign Security
Fight against terrorism
Non-proliferation
Crisis management
Civil protection
Road Map for the Common Space of Research and Education including Cultural aspects
Russia’s Participating the EU Framework program on research and development
Bologna process
Culture dialog
Northern Dimension (1)
Political Declaration on the Northern Dimension Policy 2006
Policy Framework Document on the Northern Dimension 2006
Northern Dimension (2)
Since 1990th
Local trans-bourder cooperaton Implementation of the Four Common Spaces at
the regional level The Northern Dimension covers a broad
geographic area from the European Arctic and Sub-Arctic areas to the southern shores of the Baltic Sea, including the countries in its vicinity and from North-West Russia in the east to Iceland and Greenland in the west
Northern Dimension (3)
the EU, Iceland, Norway and the Russia Other participants are:
A) The regional councils in the North: the Barents Euro-Arctic Council (BEAC), the Council of the Baltic Sea States (CBSS), the Nordic Council of Ministers (NCM), the Arctic Council (AC)
B) The International Financing Institutions active in the North, notably the European Bank for Reconstruction and Development (EBRD), the European Investment Bank (EIB), the Nordic Investment Bank (NIB) and the World Bank (IBRD) which contribute to supporting the policy, and any other International
C) Other European Union institutions and bodies and those of the other Northern Dimension partners.
Northern Dimension (4)
Other Northern Dimension actors are: the regional and sub-regional organizations and commissions in the Baltic and Barents area, the sub-national and local authorities, non-governmental organizations and other civil society organizations (including notably indigenous peoples’ organizations), universities and research centres, business and trade union communities, etc.
Belarus could be encouraged to participate in expert level cooperation.
Canada and the USA can be invited.
Partnership for modernisation
Joint statement on "Partnership for Modernization" 2010
Work Plan "Partnership for Modernization" 2010
Energy Dialogue
Memorandum on Early Warning Mechanism in the Energy Sector within the Framework of the EU-Russia Energy Dialogue 2009
Non-binding act
Joint risk assessment
Exchange of information
Group of experts on Early Warning
Veterinary Memorandum 2004
Veterinary certificates for export of food products from the EU to Russia is given in accordance with Russian rules and standards
Russian courts apply the Veterinary Memorandum in their practice
Draft an Executive agreement in science
Draft Implementation Arrangement on cooperation in the application of programs to encourage research and innovation in the Russian Federation and the European Union Hybrid nature Approximation between the State Program of the
Russian Federation "Development of Science and Technology" 2020 and the Framework Programme for Research and Innovation "Horizon 2020"
Non-discrimination Special co-financing instruments
Review
Are the acts of "soft law" in relations between Russia and the EU binding?
Which forms of soft law is used between the EU and Russia? What is the main legal role of the Joint Statements of the EU-
Russia Summits? Which documents are at the basis of the EU-Russia common
spaces establish? What does the EU-Russia common economic space provide
for? Which countries does the Northern Dimension policy cover? Which documents are at the basis of the Partnership for
modernization? What document adopted in the framework of the EU-Russia
Energy Dialogue in 2009 is the most important?