Legal aspects of the relations between

Russia and EU

Paul Kalinichenko (Doctor of Law, Professor)Kutafin Moscow State Law Academypaulkalinichenko@mail.ru

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

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

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

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

Preconditions for closer bilateral relations between Russia and the EU

• Economic dimension

• Political dimension

• Cultural and historical dimension

Economic preconditions

EU-Russia economical interdependency serves a major precondition for the development the EU-

Russia relations

EU’s trade with main partners

0,00%

2,00%

4,00%

6,00%

8,00%

10,00%

12,00%

14,00%

16,00%

2013

USA

China

Russia

Switzerland

Norway

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)

Russia’s trade with main partners

0,00%

5,00%

10,00%

15,00%

20,00%

25,00%

30,00%

35,00%

40,00%

45,00%

50,00%

2014

EU

China

EEU

Ukraine

Turkey

European Union

• Main and non-alternative trade partner of Russia (49,5% in 2014)

• Main source of foreign investments in Russia (75%)

Political preconditions

• Common boarders• Common security• Common challenges

Cultural and historical preconditions

• Common philosophical foundations

• Language• Religion• Common history

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

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

Constitution of Russia 1993

• Declares a Federal system of Russia

• Establishes a mixed Republic

Russian Federation

The Russian Federation consists of 85 regions

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

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 Union 1991

• Commission opened their Delegation in Russia in 1991 on the basis of special Agreement

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

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”

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

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

EU priorities in relations with Russia

• Country Strategy Paper 2007–2013. Russian Federation:

– EU-Russia Common spaces

– The NBA

EU as a counterpart of Russia

• EU includes 28 Member States

• Croatia became the 28th Member State in July 2013

Specific of the EU

• Economic integration• Supranational

competence• Legal order sui

generis

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

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

Legal personality of the EU

Art. 47 TEU

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.

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.

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

EU external objectives (Art. 21(2) TEU)

a. safeguard its values, fundamental interests, security, independence and integrity;

b. consolidate and support democracy, the rule of law, human rights and the principles of international law;

c. 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;

d. foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;

e. encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;

f. 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;

g. assist populations, countries and regions confronting natural or man-made disasters;

h. promote an international system based on stronger multilateral cooperation and good global governance.

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.

Dualism of the EU external competence after the Lisbon Treaty

• 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)

Specific of the EU external competence

• Parallelism• Exclusivity / mixity• Special body in

external matters – European External Action Service

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

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)

EU External actions in relations with third countries

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)

Forms of the EU relations with third countries

EU relationswith third countries

cooperation partnership association

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

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

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

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”.

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?

The End of the Section 1