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MAX WEBER PROGRAMME EUI Working Papers MWP 2009/10 MAX WEBER PROGRAMME EUROPEAN INTEGRATION WITHOUT EU MEMBERSHIP : MODELS, EXPERIENCES, PERSPECTIVES Francesco Maiani Roman Petrov Ekaterina Mouliarova (Editors) EUROPEAN UNIVERSITY INSTITUTE , FLORENCE MAX WEBER PROGRAMME European Integration Without EU Membership: Models, Experiences, Perspectives FRANCESCO MAIANI, ROMAN PETROV, EKATERINA MOULIAROVA (EDITORS ) EUI W orking Paper MWP 2009/10 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper or other series, the year, and the publisher. The author(s)/editor(s) should inform the Max Weber Programme of the EUI if the paper is to be published elsewhere, and should also assume responsibility for any consequent obligation(s). ISSN 1830-7728 © 2009 Francesco Maiani, Roman Petrov, Ekaterina Mouliarova (editors) and contributors Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu TABLE OF CONTENTS Foreword Ramon Marimon 1 Introduction Francesco Maiani, Roman Petrov and Ekaterina Mouliarova 3 I. The European Neighbourhood Policy and Ukraine’s European Ambitions Marise Cremona: The European Neighbourhood Policy as a Framework for 5 Modernization Bart Van Vooren: The Hybrid Legal Nature of the European Neighbourhood 17 Policy Viktor Muraviov: The Impact of the EU Acquis and Values on the Internal Legal Order of 29 Ukraine Roman Petrov: The New EU-Ukraine Enhanced Agreement versus the EU- 39 Ukraine Partnership and Cooperation Agreement: Transitional Path or Final Destination? II. The EU-Russia “Strategic Partnership” Olga Potemkina and Nikolay Kaveshnikov: EU and Russia in Search of 47 Strategic Partnership Aaron Matta : Updating the EU-Russia Legal Approximation Process: Problems 59 and Dilemmas Paul Kalinichencko: Problems and Perspectives on Modernizing the Legal 71 Background to the EU-Russia Strategic Partnership III. The EEA Model and Norway’s Legal Traditions Karin Bruzelius: The Impact of EU Values on Third Countries’ National Legal 81 Orders: EU Law as a Point of Reference in the Norwegian Legal System Tor-Inge Harbo: The EEA and Norway: A Case of Constitutional Pluralism 91 IV. The Swiss “Bilateral Way” to Integration Andrés Delgado Casteleiro: Relations Between the European Union and 103 Switzerland: a Laboratory for EU External Relations? Francesco Maiani: Legal Europeanization as Legal Transformation: Some 111 Insights from Swiss “Outer Europe” René Schwok: Towards a Framework Agreement in the Context of New Bilateral 125 Agreements between Switzerland and the European Union Concluding Remarks 137 Marc Franco Contributors 139 Foreword The Max Weber post-doctoral Programme is a unique programme. In 2007– 2008, there were forty Fellows on the Programme, covering a wide range of research interests within the Social Sciences and Humanities, and representing twenty-three nationalities. Among the different activities of the academic year, the conference on “European integration without membership: models, experiences, perspectives” is a good example of Fellows’ initiative and their concern for relevant issues. Encouraged by Professor Marise Cremona of the Law Department of the EUI, three Max Weber Fellows, Francesco Maiani, Roman Petrov and Ekaterina Mouliarova, took the initiative to organize the conference, invite the participants, actively participate in its development and, finally, act as editors of the proceedings which follow. The Max Weber Programme, in collaboration with the Law Department, fully supported their initiative, but the credit is theirs and that of the participants who contributed to the conference. Since its foundation more than thirty years ago, “European Integration” has been a recurrent theme in the research agenda of the European University Institute – specially within the Law Department. The conference built on this long tradition, but also took from the new perspectives that young post- doctoral Fellows, with different national experiences, can bring to the discussion, a discussion that brings forward new issues, when the EU27 must reassess its relationships with neighbouring countries that form part of the broader European area without aiming at becoming EU members in the years to come. A fruitful discussion on this relevant issue needs academic reflection, as well as practical legal and political experience, it needs understanding of the EU perspective, as well as that of neighbouring countries. It is again to the credit of the organizers that in the panels of the conference all these perspectives were present in open discussion. The proceedings that follow bring together the papers presented in this conference that took place at our beloved Villa La Fonte on May 23-24, 2008. Ramon Marimon Director of the Max Weber Programme 1 2 Introduction Francesco Maiani ♣, Roman Petrov ♦ and Ekaterina Mouliarova ♠ At the beginning of the 1990s, the concept of “European integration” could still be said to be fairly unambiguous. Nowadays, it has become plural and complex almost to the point of unintelligibility. This is due, of course, to the internal differentiation of EU membership, with several Member States pulling out of key integrative projects such as establishing an area without frontiers, the “Schengen” area, and a common currency. But this is also due to the differentiated extension of key integrative projects to European non-EU countries – Schengen is again a case in point. Such processes of “integration without membership”, the focus of the present publication, are acquiring an ever-growing topicality both in the political arena and in academia. International relations between the EU and its neighbouring countries are crucial for both, and their development through new agreements features prominently on the continent’s political agenda. Over and above this aspect, the dissemination of EU values and standards beyond the Union’s borders raises a whole host of theoretical and methodological questions, unsettling in some cases traditional conceptions of the autonomy and separation of national legal orders. This publication brings together the papers presented at the Integration without EU Membership workshop held in May 2008 at the EUI (Max Weber Programme and Department of Law). It aims to compare different models and experiences of integration between the EU, on the one hand, and those European countries that do not currently have an accession perspective on the other hand. In delimiting the geographical scope of the inquiry, so as to scale it down to manageable proportions, the guiding principles have been to include both the “Eastern” and “Western” neighbours of the EU, and to examine both structured frameworks of cooperation, such as the European Neighbourhood Policy and the European Economic Area, and bilateral relations developing on a more ad hoc basis. These principles are reflected in the arrangement of the papers, which consider in turn the positions of Ukraine, Russia, Norway, and Switzerland in European integration – current standing, perspectives for evolution, consequences in terms of the EU-ization of their respective legal orders 1. These subjects are examined from several perspectives. We had the privilege of receiving contributions from leading practitioners and scholars from the countries concerned, from EU high- ranking officials, from prominent specialists in EU external relations law, and from young and talented researchers. We wish to thank them all here for their invaluable insights. We are moreover deeply indebted to Marise Cremona (EUI, Law Department, EUI) for her inspiring advice and encouragement, as well as to Ramon Marimon, Karin Tilmans, Lotte Holm, Alyson Price and Susan Garvin (Max Weber Programme, EUI) for their unflinching support throughout this project. A word is perhaps needed on the propriety and usefulness of the research concept embodied in this publication. Does it make sense to compare the integration models and experiences of countries as different as Norway, Russia, Switzerland, and Ukraine? Needless to say, this list of four evokes a staggering diversity of political, social, cultural, and economic conditions, and at least as great a diversity of approaches to European integration. Still, we would argue that such diversity only makes comparisons more meaningful. Indeed, while the particularities and idiosyncratic elements of each “model” of integration are fully displayed in the present volume, common themes and preoccupations run through the pages of every contribution: the difficulty in conceptualizing the finalité and essence of integration, which is evident in the EU today but which is greatly amplified for non-EU countries; the asymmetries and tradeoffs between integration and autonomy that are inherent in any attempt to participate in European integration from outside; the alteration of deeply seated legal concepts, and ♣ Assistant Professor in Europe and Globalization, Swiss Graduate School of Public Administration - IDHEAP (Switzerland), Max Weber Fellow, European University Institute (Italy) 2007-08 ♦ Jean Monnet Lecturer in EU law, Donetsk National University (Ukraine), Max Weber Fellow, European University Institute (Italy) 2006-08 ♠ Max Weber Fellow, European University Institute (Italy) 2007-2009

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