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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

Nariné Ghazaryan
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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
Cambridge Yearbook of European Legal Studies , Volume 15 , 2013 , pp. 619 - 641
Copyright
Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2013

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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).

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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.

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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.

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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.

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85 Presidency Conclusions, Extraordinary European Council Conclusions, 1 September 2008, 3.

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87 Israel is an exception in the Southern neighbourhood as it enjoys a visa-free travel regime with the Schengen states.

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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.