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Legal aspects of the relations between Russia and EU

Legal aspects of the relations between Russia and EU. Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law Academy paulkalinichenko@mail.ru. Legal aspects of the relations between Russia and EU. Section 1. Russia and the European Union as counterparts in international area

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Legal aspects of the relations between Russia and EU

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  1. Legal aspects of the relations between Russia and EU Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law Academy paulkalinichenko@mail.ru

  2. Legal aspects of the relations between Russia and EU • Section 1. Russia and the European Union as counterparts in international area • Section 2. Legal backgrounds of the EU-Russia strategic partnership: a history and the present • Section 3. EU-Russia basic agreement • Section 4. EU-Russia sectoral agreements • Section 5. Soft law in the EU-Russia relations • Section 6. Impact of the EU-Russia relations on the EU legal order • Section 7. Europeanisation of Russian law

  3. P. Kalinichenko European Union: Law and Relations with Russia. Moscow: Norma/INFRA-M. 2012.

  4. Section 1. Russia and the European Union as counterparts in international area

  5. Section 1. Russia and the European Union as counterparts in international area • 1. Preconditions for closer bilateral relations between Russia and the EU • 2. Russia as a counterpart of the EU • 3. EU as a counterpart of Russia • 4. Supranational external competence of the EU

  6. Preconditions for closer bilateral relations between Russia and the EU • Economic dimension • Political dimension • Cultural and historical dimension

  7. Economic preconditions EU-Russia economical interdependency serves a major precondition for the development the EU-Russia relations

  8. EU’s trade with main partners

  9. RUSSIA • Third trade partner of the EU (9,6% in 2013) • First non-alternative partner of the EU in energy supplies • Investment attractiveness (according to the UNCTAD survey and the E&Y survey)

  10. Russia’s trade with main partners

  11. European Union • Main and non-alternative trade partner of Russia (49,5% in 2014) • Main source of foreign investments in Russia (75%)

  12. Political preconditions • Common boarders • Common security • Common challenges

  13. Cultural and historical preconditions • Common philosophical foundations • Language • Religion • Common history

  14. Russia as a counterpart of the EU (1) • Russia is biggest country in the World (17,075,400 km2) • 25% of Russia’s territory lies within Europe (3,960,000 km2) • Russia covers across 40% of Europe

  15. Russia as a counterpart of the EU (2) • Population of Russia is about 143,000,000 people • Roughly 78% of the entire Russian population (about 110,000,000 people) lives in European part of Russia

  16. Constitution of Russia 1993 • Declares a Federal system of Russia • Establishes a mixed Republic

  17. Russian Federation The Russian Federation consists of 85 regions

  18. High Authorities of Russia • Federal Assembly • State Duma • Council of Federation • Government of the RF • High Courts of Russia • Constitutional Court • High Court • High Arbitration Court • President of Russia

  19. Russia for the EU (1) • After withdrawal the USSR the EU recognised Russia according to the Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union1991 • Commission opened their Delegation in Russia in 1991 on the basis of special Agreement

  20. Russia for the EU (2) • Russia is Non-Member State of the EU(a third country) • Russia is a European country • Russia is the BRICS country

  21. EU for Russia • Russia recognizes the EC/EU due to the legal succession of the USSR • Russia opened its Permanent Mission to the EU in 1991 • Decree of President RF of 19.02.2004 “On additional measures for interactions between Russia and the EU”

  22. Foreign Policy Concept of Russia 2013 • Priorities in relations with the EU: • Creating a single economic and humanitarian space • EU-Russia Common spaces • The NBA • Creating a united energy complex of Europe • Non-visa treatment

  23. Concept of Russia’s Long-Term Development till 2020 • Economic priorities in relations with the EU: • Energy • Supporting interaction between companies • R & D • investments • Elimination of barriers

  24. EU priorities in relations with Russia • Country Strategy Paper 2007–2013. Russian Federation: • EU-Russia Common spaces • The NBA

  25. EU as a counterpart of Russia • EU includes 28 Member States • Croatia became the 28th Member State in July 2013

  26. Specific of the EU • Economic integration • Supranational competence • Legal order sui generis

  27. Constitution of the EU • Treaty on the European Union 1992 (TEU) • Treaty on Functioning the EU 1957 (TFEU) • Charter on fundamental rights of the EU 2000

  28. EU Institutions (Art. 13 TEU) • European Parliament • European Council • Council of the EU • European Commission • Court of the EU • Court of Auditors • European Central Bank

  29. Legal personality of the EU Art. 47 TEU

  30. EU Common Values (Art. 2 TEU) • The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. • These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

  31. External aims of the EU(Art. 3(5) TEU) • In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

  32. EU as a global actor • Model and laboratory for integration • Key actor in the World market • Factor of stability in the World • Generator of rules and standards • Magnet and predictable partner

  33. EU external objectives (Art. 21(2) TEU) • safeguard its values, fundamental interests, security, independence and integrity; • consolidate and support democracy, the rule of law, human rights and the principles of international law; • preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders; • foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty; • encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade; • help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development; • assist populations, countries and regions confronting natural or man-made disasters; • promote an international system based on stronger multilateral cooperation and good global governance.

  34. EU principles of external actions (Art. 21(1) TEU) • The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: • democracy, • the rule of law, • the universality and indivisibility of human rights and fundamental freedoms, • respect for human dignity, the principles of equality and solidarity, and • respect for the principles of the United Nations Charter and international law.

  35. TEU Provisions on the Common Foreign and Security Policy (CFSP) (Title V TEU) Other TEU and TFEU provisions on the EU external actions including the Common Commercial Policy (CCP) Dualism of the EU external competence after the Lisbon Treaty

  36. Specific of the EU external competence • Parallelism • Exclusivity / mixity • Special body in external matters – European External Action Service

  37. EU joint actions in international area • Concluding international agreements (Arts. 216 to 219 TFEU) • Participation in international conferences and international organisations (Art. 220 TFEU) • Diplomatic relations with third countries ius legati (Art. 221 TFEU) • Establishing joint international bodies

  38. EU single actions in international area • Identification the strategic interests and objectives (Art. 22 TEU) • Decision-making in external fields • Aid (Art. 214 TFEU) • Restrictive measures (Art. 215 TFEU)

  39. EU relations with developed countries - Economic, financial and technical cooperation (Arts. 212 to 213 TFEU) EU relations with developing countries - Development cooperation (Arts. 208 to 210 TFEU) EU External actions in relations with third countries

  40. Forms of the EU relations with third countries

  41. Cooperation • Elementary level of relations • Relations of Non-integrational nature • Art. 21 (2) TEU: “The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations” • Strong legal basis is not required

  42. Partnership • Art. 21 (1) TEU: “The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations”. • Relationships of preferential nature • Special document(s) is required

  43. Association • Art. 217 TFEU • Relationships of integrational nature • Case Demirel: “Association creates special, privileged links with a non-member country which must, at least to a certain extent, take part in the Community System”. • Special agreement is required

  44. European Neighbourhood Policy • Art. 8 TEU: “The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation”.

  45. Review • Is Russia a Member State of the EU? • Is Russia a European country? • How many regions (subjects of Federation) does the Russian Federation include? • How many Member States does the EU include? • When was the EU created? • When did the modern Russian Federation appear? • When was Russia officially recognized by the Communities? • Which documents are at the basis of the EU? • What is the duality of the external competences of the EU? • What forms of relationships does the EU establish in relations with the third countries?

  46. The End of the Section 1

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