legal aspects of the relations between russia and...

Legal aspects of the relations between Russia and EU

Paul Kalinichenko (Doctor of Law, Professor)

Kutafin Moscow State Law Academy

[email protected]

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

Section 5. Soft Law in the EU-Russia relations

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


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.


Soft law exists always in written form

In the EU-Russia relations in the forms of Declaration, Joint Statesmant, Road Map, Framework document, Memorandum


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)


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


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


Soft law created by international organisation bounds the bodies of this organisation

E.g. Resolutions of the EP


Soft law can include a model rules of conduct and be a basis for approximation of law

Veterinary memorandum 2004

Road Maps 2005


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


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.


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


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


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 Economic Space

Trade facilitations

Legal approximation

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


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


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.


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?

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