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The EU external actions of cooperation: the legal and institutional aspect of ENP

 

At the same time as it settled the final package of the accession's negotiations with the ten new members who joined the EU on the 1st May 2004, the December 2002 European Council opened the prospect for a new policy with the neighbour countries of the EU of 27 with Bulgaria and Romania which are to accede by 2007. The simultaneity of completing enlargement negotiation with the kick–off for the neighbourhood policy was not only coincidental: it actually expressed the continuation of the same goals but in a wider context and with lower leverage.

The scope of models ranges from models incorporating bilateral deep free trade or multilateral simple free trade arrangements to models incorporating a stake in the common market, with its four freedoms (maybe without freedom of labour), which is seen as the most attractive economic offer right now. For the time being, economic integration remains a bilateral instrument that has a basic trade component and specific co–operation schemes depending on the interest of either the EU or ENP countries.  Generally, co–operation is tailored towards establishing bilateral relations, with the intention of postponing decisions on concrete steps of integration into the future

The AP priorities range from holding free and fair elections and reforming the judiciary to revising company law and adopting a nuclear waste strategy. Thus, the AP envisages projecting not only Community norms and values, such as democracy and human rights, but the standards of the Union as a whole (that is much of the acquis).

Thus, the ENP follows the enlargement strategy of the simultaneous application of polity conditionality, or reforms of political and economic structures and processes, such as democracy, minority rights, and policy–oriented conditionality, that is the adoption and implementation of the acquis during the enlargement process. That the AP envisages approximation to the standards of the Union as a whole (parts of the acquis) is not surprising given that much of the acquis pertains to the functioning of the internal market, access to which is a key reward for implementing the reforms.

This emulation of the enlargement strategy through combining polity and policy conditionality in the ENP is driven by the belief that these two types of conditionality were mutually reinforcing during the enlargement process. As was the case during the accession process, under the ENP, the neighbours are to benefit from developing and modernising their public policies and economies by anchoring them in the EU model of governance. Yet, while clearly borrowing many elements from the enlargement strategy, the ENP was devised as an alternative to enlargement.

Through its enlargement policy, the EU aimed at sharing common values, promoting political stability and diffusing well–being and prosperity by offering membership to 12 candidate countries.

The European Neighbourhood Policy (ENP) is to achieve the same goals beyond the new Union's border through a privileged relationship with the new neighbouring countries but setting apart the issue of a prospective accession. The March 2003 Commission's communication stresses the connection between both processes:

Over the coming decade and beyond, the Union's capacity to provide security, stability and sustainable development to its citizens will no longer be distinguishable from its interests in closer cooperation with the neighbours ... closer geographical proximity means the enlarged EU and the new neighbourhood will have an equal stake in furthering efforts to promote transnational flows of trade and investment as well as even more important shared interest in working together to tackle transboundary threats – from terrorism to air–borne pollution.

After the Commission had delineated the Neighbourhood approach and revealed a two phase programme, it drafted a third Communication, that of 12 May 2004, entitled 'Strategy Paper', proposing that the ENP should consists of two kinds of acts: Actions Plans encompassing all the dimensions of the enhanced partnership would first be set up for the next three to live years, using existing means as well as the new post–2006 instrument. These Actions Plans would be defined by common consent with each partner, expressing the 'Joint Ownership' of the ENP. The second step 'could consist in the negotiation of European Neighbourhood Agreements, to replace the present generation of bilateral agreement, when Action Plan priorities are met'. After the Commission had issued its Strategic Paper, it drafted on 29 September 2004 a 'Proposal for a Regulation laying down general provisions establishing a European Neighbourhood and Partnership Instrument', which was submitted to the co–decision of the European Parliament and of the Council. The Regulation should have its legal basis in the EC Treaty, in particular in its article 179 (multi–annual programmes for Developing Countries) and 181a (Economic, Financial and Technical Cooperation with Third Countries).

Theoretical and empirical research on European Neighbourhood Policy (ENP) is not yet well rooted in the literature on Europeanization. The concept of Europeanization was introduced during the early 1990s and has, by now, become a rather fashionable and widely deployed research approach amongst scholars from International Relations, European Studies and Comparative Government traditions alike (see Axt et al., 2007). However, it has only been recognized at the end of the 1990s as constituting a ‘distinctive research area in EU studies’ (Sedelmeier, 2006, p. 4). When reviewing the rapidly growing body of literature from the early 1990s to the present day, it is possible to identify three distinct phases and – consequently – three streams of Europeanization research, where each new stream draws on and adds to the previous one:

                    Membership Europeanization, which delineates the EU’s impact on existing EU Member States;

                    Accession Europeanization, which is applied to post–communist countries with a clear EU membership perspective; and, more tentatively, what we would label

                    Neighbourhood Europeanization, which (mainly through ENP) affects the EU’s neighbouring ‘outsiders’, who have no immediate accession perspective.

‘The basic deal the EU has offered the ENP states consists of economic co–operation in exchange for political reforms’ (Vincentz, 2007, p. 117). However, the economic dimension of ENP remains rather vague (Escribano, 2006).

The Action Plans give only broad guidelines and do not provide threshold levels for eventual achievement (Noutcheva and Emerson, 2007, p. 91). Unlike the EU enlargement and Balkan policies, ENP has a development component and is strictly bilateral (see the discussion of ENP as a ‘hub–andspoke’ policy in Hummer, 2005), which means opportunities to create a unified economic region are ignored. There is a huge debate on appropriate models for future economic integration between ENP members and the EU.