The second attempt to negotiate the association agreement

Author(s):  
Arantza Gomez Arana

From the moment the European Union and Mercosur stopped their negotiations there was not progress or a real intention to re-start the negotiations again until 2010. Officially the EU and Mercosur “continued” negotiating the Association Agreement but it is fair to say that after such a failure at the last minute in October 2004, both sides becoming cautious in their hopes for a successful agreement. Considering that the negotiations failed publicly it is understandable to expect some years of “healing” before considering a new attempt. One more time, the right momentum was necessary to facilitate the re-launching of the negotiations. The economic environment was completely different from 2004. At this moment Europe is the one recovering from a financial crisis and from a weak Eurozone, while in Latin America this international crisis did not have that much of an effect. However in 2004 Brazil and Argentina were recovering from the economic crisis of the late 1990s early 2000s. The negotiations between the EU and other Latin American regional groups or individual countries were being successful. At the same time a third major investor and trader became an important piece of the puzzle, China. To some extent this could be seen as a better scenario for a successful agreement between both regions. The facilitator of the re-launching of the negotiations was one more time the Spanish presidency of 2010. Since then, several meetings have taken place between the EU and Mercosur, the last one in mid June in Brussels 2015.

2020 ◽  
pp. 162-172
Author(s):  
Zbiegnew Iwanowski ◽  

The article examines the deteriorating economic and social situation in Latin America after the "golden decade" (2003 – 2013) and political shifts in the region. During the last electoral cycle, there was a reformatting of the political landscape, including the "right drift" on one hand and the strengthening of the positions of the left forces on the other. At the same time, political polarization at the national and regional levels sharply increased, integration blocks have disintegrated or are in a state of crisis. As a result, the region is no longer a "unity in diversity". Based on an analysis of the latest sources and bibliography, the author shows the reasons for the intensification of European politics in Latin America. He comes to conclusion that the EU tries to play an independent role in the emerging new bipolarity. Although the economy remains a priority in interregional cooperation, political aspects are becoming increasingly important. Both regions actively cooperate in solving global problems, but the priorities of each of them differ significantly. The European Union cooperates with Latin America in strengthening multilateralism and improving global governance, both partners try to reform international institutions, reject protectionism and underline the priority of international law. In the absence of "unity in diversity" and the crisis of integration associations on the continent, the EU pays more attention to bilateral relations with Latin American countries.


2020 ◽  
Vol 100 (7) ◽  
pp. 144-154
Author(s):  
Zbiegnew Iwanowski ◽  

The article explores the economic and social situation in Latin America after the «golden decade» (2003–2013) and political shifts in the region. During the last electoral cycle, the region witnessed a certain political landscape transformation, including the «right drift» on the one hand and the strengthening of the positions of the left forces on the other. Thus, political polarization at the national and regional levels sharply increased, integration blocks have disintegrated or are in crisis. As a result, the region is no longer a «unity in diversity». The author highlights the reasons for the intensification of European politics in Latin America. Although the economy remains a priority in interregional cooperation, political aspects are becoming increasingly important. Both regions actively cooperate in solving global problems, but their priorities differ significantly. The European Union cooperates with Latin America in strengthening multilateralism and improving global governance, both partners try to reform international institutions, reject protectionism and underline the priority of international law.


Author(s):  
Susanne Gratius

Since 1957, the European Union (EU) has been a constant and reliable partner of Latin America, on the one hand, and the Caribbean, on the other. It still offers a unique model of idealist interregionalism based on the promotion of its own integration model, combined with limited economic interests, soft power and, more recently, shared global visions such as sustainable development, Compared with the two bigger external actors, the United States and China, the EU is a normative actor that complements and sometimes counterbalances (in the cases of Brazil, Cuba, and Mexico) relations with the dominant power. Although, in relative terms, trade exchanges have declined since the 1990s, Latin America and the EU share a solid network of multilevel and contractual relations integrated by political dialogue, development cooperation, and investment flows. The EU signed free trade agreements plus (dialogue and cooperation) with Chile, Colombia, Ecuador, Mexico, Peru, the Caribbean, and Central America. In June 2019 finalized a twenty year process of free trade negotiations between the EU and MERCOSUR. Once in force and approved by EU institutions and the four South American states, the EU-MERCOSUR association agreement will reactivate trade exchange grounded on economic, political, social and cultural cooperation between state and non-state actors. Nonetheless, it remains unclear if the 32 states involved in the mixed agreement (European Commission’s exclusive trade competences plus EU member states) will approve the deal in a foreseeable future.


Author(s):  
Arantza Gomez Arana

This chapter covers a new stage in EU policy towards Mercosur and Latin America. This stage started with a new framework of policies within which agreements between the European Union and Latin American countries, including the Mercosur countries, were made. By explaining EU-Mercosur agreements within the general context of EU-LA relations it is possible to bring some clarity to the EU level of engagement with Mercosur in relative terms so it is neither over nor underestimated. In doing so it will show how EU-Mercosur relations were the most important ones within the EU-LA framework. As has been established before, the level of engagement will be explained by discussing two aspects of it, “ambition” and “commitment”. This chapter shows that there is a medium level of “ambition” and a high level of “commitment” which helps to explain the outcome of a medium level of engagement. In relation to this stage, in the literature it has been accepted that, in 1990, the EU’s means of dealing with Latin America changed (Aldecoa Luzarraga 1995; Bizzozero 1995; Laporte Galli 1996; Birochi 1999). Detailed explanations for this have not yet been offered. Some indicate that these changes were due to wider changes in the international arena. With the end of Cold War, the EU was given a chance to develop a global vision and a space in which to do it (Aldecoa Luzarraga 1995; Birochi 1999). The internal changes in the European Union, especially its increased integration, have also been mentioned in this regard (Aldecoa Luzarraga 1995).


1997 ◽  
Vol 39 (2) ◽  
pp. 5-36 ◽  
Author(s):  
Paul Sutton

The tone of European-Latin American relations in recent years has been strongly influenced by the issue of bananas. At stake has been the future of the banana trade between the European Union (EU) and Latin America, which, even if small in relative size (constituting less than 5% of Latin America’s exports to the EU), has loomed large in international political calculations. This article seeks to make sense of a very complex, and still developing, situation by identifying the interests of the various parties directly concerned. The first part examines the background, the problem, and the solution to this issue as set out in the adoption of a new banana regime (NBR) in the EU.


Author(s):  
Ilona Gritsenko

The paper outlines the contours of modern competitive interaction between the United States and the European Union in Latin America. Based on the Latin American country strategies of the US State Department and the European Commission documents, the author traces the priorities of the above mentioned global players in the region, highlighting those of them that are areas of conflict of interests between the US and the EU. Special attention is paid to the differences and commonalities in their approaches to topical issues and problematic items of the Latin American agenda.


Author(s):  
Daryna Kosinova ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.


Author(s):  
Anastazja Gajda

The paper deals with the new Directive on the right of access to a lawyer in criminal proceedings in EU. The Directive aims at straightening of the rights of suspects (defendants) as a result of introduction of minimal standards (article 82 of the Treaty on the Functioning of the European Union). The Directive asserts the right of a suspect on the whole territory of the EU to remain in contact with his/her attorney from the moment of arrest until the end of criminal proceedings. The paper presents genesis of the Directive, the legislative process and analyses contents of the Directive.


Author(s):  
Arantza Gomez Arana

“(…) Russia and China, as well as partners in Latin-America, deserve a clear European strategy. Africa has, unfortunately, been absent from the EU’s strategic agenda for years and needs to be reengaged. (…)The Union can be a global actor considering we possess the objectives, principles and instruments. Unfortunately the political will is often lacking and the question is whether the EU Member States will take action to change this.” (Miguel Angel Moratinos, Spanish Minister of Foreign Affairs and Cooperation, 20 January 2010). The views of Miguel Angel Moratinos during the Spanish Presidency recognize a series of gaps in the strategic behaviour, the existence of partiality in the strategic agenda, and a lack of will in the European Union external relations. These quote suggest that if this has the situation in 2010, then EU policies during the 1980s and 1990s towards a Latin-American region such as Mercosur were not the most structured nor did the EU develop these policies to their full EU potential. At the same time, the EU’s internal institutional and legal frameworks also changed as a result of different treaties and enlargements. These internal changes affected either positively or negatively EU relations with Latin America. On the one hand, the Iberian enlargement affected EU policy positively towards Latin America, whilst on the other hand, policy towards Central and Easter European countries which culminated in the 2004 enlargement was affected negatively on EU-Latin America relations.


Author(s):  
Koen Lenaerts ◽  
José A. Gutiérrez-Fons ◽  
Stanislas Adam

Two different dynamics govern the autonomy of the European Union (EU) legal order. On the one hand, autonomy seeks to define what EU law is not, i.e. it is not ordinary international law. Positively, on the other, autonomy seeks to define what EU law is, i.e. a legal order that has the capacity to operate as a self-referential system of norms that is both coherent and complete. Yet the concept of autonomy of the EU legal order in no way conveys the message that the EU and its law are euro-centric and that the Court of Justice of the European Union (the ‘Court of Justice’) seeks to insulate EU law from external influences by building walls that prevent the migration of legal ideas. Autonomy rather enables the Court of Justice to strike the right balance between the need to preserve the values on which the EU is founded and openness to other legal orders. The autonomy of the EU legal order is thus part of the very DNA of that legal order as it allows the EU to find its own constitutional space whilst interacting in a cooperative way with its Member States and the wider world.


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