Exporting the Internal Market – Panacea or Nemesis for the European Neighbourhood Policy? Lessons from the Energy Community. EU Diplomacy Paper No. 2, 2014

Over the last decades, a constant feature of the relations between the European Union (EU) and the countries in its neighbourhood has been the export of European law. Achieved through bilateral or multilateral agreements, the export of law has led to the ‘juridification’ of external policy. The energy sector is in the vanguard of this development. European energy law has been made applicable to third countries through the European Economic Area (EEA) and, most important for the European Neighbourhood Policy (ENP), the Energy Community. Bilateral agreements of relevance for energy include the (draft) Association Agreement with Ukraine which was rejected in November 2013 and came on the agenda again following a revolution in the country. Geopolitics has played and continues to play an eminent role in this respect. What does that mean for the export of European law to neighbouring countries? This paper argues that the export of European (energy) law does not only remain possible but is preferable to purely diplomatic relations between the EU and its neighbours if certain conditions are fulfilled. Based on the experience in the EEA and the Energy Community, multilateral integration agreements can be successful if they offer a well-designed institutional and procedural architecture based on mutual commitments, extend the benefits of the internal market to the participating third countries and create ‘win-win’ situations in satisfying also the participating third countries' vital interests in return for undergoing the hardship of economic reforms.

EU-Russia relations in the context of the eastern neighbourhood. Bertelsmann Policy Brief, May 2015

The EU’s approach towards the eastern neighbourhood has evolved to become an inclusive EU-centred regional policy.

Norm implementation in the enlarged European neighbourhood : justice and home affairs in Moldova and Ukraine

L’Union européenne (UE) se sert principalement d’outils normatifs pour exercer du pouvoir sur la scène internationale, notamment par la promotion de ses propres lois et standards. Le meilleur exemple est l’élargissement de l’UE, processus ayant contribué à stabiliser l'Europe et à transformer les candidats en des démocraties de marché, notamment en promouvant un rapprochement avec les normes européennes en échange d’une perspective d’adhésion à l’UE. La Politique européenne de Voisinage (PEV) utilise les mêmes mécanismes développés lors des élargissements, notamment la promotion de réformes en échange d’incitatifs financiers. Par contre, la PEV n’offre aucune perspective d’adhésion à l’UE aux États qui y participent. Ainsi, plusieurs études ont conclu que cette politique ne pourrait engendrer les réformes escomptées. Bien que la coopération au sein de la PEV ne soit pas aussi fructueuse que lors des élargissements, on remarque que certains pays plus que d’autres ont, malgré l’absence de perspective d’adhésion, fait des changements à leur législation en conformité avec les normes européennes. En comparant la coopération dans le secteur de la Justice et des affaires intérieures en Moldavie et en Ukraine, nous montrons que la différence s’explique par l’importance des facteurs internes des pays concernés, notamment l’existence d’identités nationales contestées et les batailles politiques intérieures portant sur la politique étrangère.

Castles in the sand: Mali and the demise of the EU’s Common Security and Defence Policy. CEPS Commentary, 28 January 2013

The threat posed by the crisis in Mali is direct, multidimensional and without regard to geographical proximity or historical and colonial heritage, writes Giovanni Faleg. France’s solitary intervention in Mali and the EU’s absence there raise two important questions for the future of the EU’s supposedly ‘Common’ Security and Defence Policy. The first has to do with the crisis itself; its nature and the threat posed by the terrorist groups and militias that are being countered by French armed forces. The second concerns the causes and implications of yet another example of the EU’s inability to take responsibility for security matters in its neighbourhood and beyond.

The ENP in the light of the new “neighbourhood clause” (Article 8 TEU). Research Papers in Law, 2/2011

This short contribution outlines the renewed constitutional framework in which the “European Neighbourhood Policy” (ENP) is to be integrated and further developed (1.) and briefly discusses its possible implications for the finalité of the neighbourhood relationship in general and of the ENP more specifically (2.). This constitutional perspective reveals three – already well-known – conceptual problems of the ENP (3.).

An Arab Springboard for EU Foreign Policy? CEPS Paperbacks. January 2012

The EU has not been perceived as reacting very rapidly or effectively to the so-called Arab Spring. Events do appear to validate the idea underpinning the European Security Strategy (ESS) and the European Neighbourhood Policy (ENP): only where governments guarantee to their citizens security, prosperity, freedom and equality, can peace and stability last – otherwise, people will revolt. But in practice, in its southern neighbourhood the EU has acted in precisely the opposite manner, so the Arab Spring is occurring in spite of rather than thanks to EU policy. The ENP stands at a crossroads therefore: Can a new start be made? Which instruments and, in times of austerity, which means can the EU apply to consolidate democratization? And, finally, can the EU continue to wage an ENP without addressing the hard security dimension, especially as the US seem to be withdrawing from crisis management in the region – or shall it continue to leave that to others?

The Great Transformation: Memo to the Incoming EU Presidents. Bruegel Policy Brief 2014/04, July 2014

The European Union’s leadership spent the last five years fighting an acute and existential crisis. The next five years, under your leadership, will be no less difficult. You will have to tackle difficult economic and institutional questions while being alert to the possibility of a new crisis. You face three central challenges: (1) The feeble economic situation prevents job creation and hobbles attempts to reduce public and private debt; (2) EU institutions and the EU budget need reform and you will have to deal with pressing external matters, including neighbourhood policy and the EU’s position in the world; (3) You will have to prepare and face up to the need for treaty change to put monetary union on a more stable footing, to review the EU’s competences and to re-adjust the relationship between the euro area and the EU, and the United Kingdom in particular.

Towards a Fragmented Neighbourhood: Policies of the EU and Russia and their consequences for the area that lies in between. CEPS Essay No. 17, 17 October 2014

In the current volatile climate, the EU needs a strategy towards Russia that goes beyond sanctions. In reviewing the European Neighbourhood Policy and the Eastern Partnership, the EU’s incoming leadership should be more sensitive towards the existing political, diplomatic, economic, energy and military ties between Russia and the countries in the common neighbourhood. After all, it is by exploiting these ties that Russia was able to turn this neighbourhood into an area of destructive competition − the primary victim of which is Ukraine. Understanding Russia’s perceptions and being sensitive to these longstanding ties does not mean justifying their use by the Kremlin. Nevertheless, factoring these ties into the EU’s policies vis-à-vis its Eastern neighbourhood is a prerequisite for more reflective, responsive and effective EU policies.

The ENP in practice - the European Union's policy towards Russia, Ukraine, Belarus and Moldova one year after the publication of the Strategy Paper. OSW Point of View, June 2005

Clear qualitative changes have taken place in relations between the European Union and its Eastern neighbours over the past year. The European Neighbourhood Policy (ENP) has been playing a significant part in the context of these changes. In the cases of Moldova and Ukraine, which are the countries interested in enhancing co-operation with the EU, the ENP has provided a formula that allows taking steps to implement this objective. The ENP has also contributed to "outlining an alternative" to Belarus' current self-isolation. However, the ENP has first of all given a clear message to Russia by specifying the EU's interests and objectives concerning Eastern Europe. The ENP has clearly stated that the EU wants to build democracy and a free market in those countries, and has signalled that the European Union intends to discuss the issues concerning the countries directly with them, and not through Moscow's offices.

Integration or imitation? EU policy towards its Eastern neighbours. OSW Study 36/2011

Does the European Union’s policy towards its Eastern neighbours have any chance of success? To what extent can the objective of ‘external integration’, i.e. the adoption of EU standards by its Easternneighbours, be achieved? The European Neighbourhood Policy is currently being reviewed and the revolutions in North Africa have triggered a fresh debate on this policy. Alongside this process, Poland's forthcoming presidency of the EU (given that Poland grants high priority to rapprochement with its Eastern neighbours) provides yet another pretext for posing the above questions. However, these considerations extend beyond current events and the EU calendar. There are aspects of the central question, namely: Is the EU capable of exporting its own model of governance? This question is currently more focused on the local than the global potential of the European Union. Can it continue the process of ‘making Europe wider’?

Tug-of-war over EU's policy towards its neighbours. OSW Commentary No. 49, 2011-03-09

The revolutions in North Africa, the approaching end of the ‘strategic review’ of the European Neighbourhood Policy (ENP) initiated by the European Commission, and the beginning of negotiations on the European Union’s new financial perspective, have intensified the debate among the member states and EU institutions on what policy the EU will adopt towards its neighbourhood in the future. The discussion concerns not only the shape of the ENP but also non-ENPI foreign policy instruments which Brussels applies towards neighbouring countries, such as the thematic instruments and loan support. Serious differences of opinion have emerged among the member states. The countries located in the southern part of the EU want Brussels to boost its policy towards North Africa, even at the expense of engagement in Eastern Europe and the Southern Caucasus. Meanwhile Central European countries, including Germany, favour a more balanced approach towards both directions. The future shape of the ENP, as well as the EU’s other foreign policy instruments, will have a strong impact on the approach the EU adopts towards its Eastern neighbourhood. If some of the proposals are realised, especially the southern member states’ request to transfer some of the funds from the Eastern to the Southern neighbourhood, the chances of meeting the Eastern Partnership goals, such as the association of the partner countries with the EU and the creation of deep and comprehensive free trade areas, could be reduced.

EU Sanctions: A Relevant Foreign Policy Tool? EU Diplomacy Paper No. 3, May 2014

This paper examines an instrument which establishes an explicit link between economic power and foreign policy of the European Union (EU): restrictive measures or sanctions. As the EU is increasingly confronted with situations requiring a firm response, sanctions – arguably the EU’s ‘hardest’ tool – have become somewhat of a standard reaction. To what extent are sanctions a relevant tool for EU external action? By looking at several case studies from a set of 47 autonomous EU sanction cases, this paper acknowledges the many internal and external difficulties the EU faces when using the sanctions tool. However, it also shows that despite those challenges, the ‘hard’ and coercive nature of the sanction instrument nevertheless make it a relevant foreign policy tool which allows the EU to react to external crises.

Re-thinking the EU's development paradigm: views from Morocco and Tunisia. EPC Policy Brief, 12 January 2015

A decade of the European Neighbourhood Policy (ENP) and the standard model of business as usual remains. Is there a reluctance to take the prevailing development paradigm based on economic growth and question its suitability as a motor for development? Most ENP resources and most tangible results remain within a financial framework, with a concentration on market-driven reforms in relation to economic and social change. On this basis, the current atmosphere represents a historical opportunity for rethinking the EU´s development paradigm fostered in the region. Drawing on extensive field work in Morocco and Tunisia, this policy brief highlights limitations and contradictions of the EU´s socio-economic development policies.

Spotlight-Europe - March 2015: The EU neighbourhood in shambles. Some recommendations for a new European neighbourhood strategy

Executive Summary. An “arc of instability” stretching from the European Union’s (EU) eastern borders down to the Mediterranean basin has undermined its flagship European Neighbourhood Policy (ENP). This policy was designed to deliver prosperity, stability and democracy to countries surrounding the EU. It has manifestly failed and needs to be radically rethought. Starting with a tabula rasa, the EU should abandon the very concept of a heterogeneous “neighbourhood” in the face of glaring differences among the 16 countries affected, not least because some are uninterested in reform; others may even be failed states. EU member states are themselves pursuing divergent interests and goals. A fundamental review of the ENP should lead to more differentiated, targeted measures to promote “transformational change” within neighbouring states ready to accept it. The EU should offer revised incentives such as participation within the proposed “energy union” or freer trade designed to aid local economic development. It should embrace a wider range of actors, including civil society, promote entrepreneurship and help reform countries’ police and military forces. The review should reassert common EU institutions in negotiating and working with neighbours and give them a central role in preventing and resolving conflicts as well as promoting democratic reform and economic stability. This revised ENP should help underpin the EU’s efforts to forge a genuine Common Foreign and Security Policy.