Legal aspects of the relations between Russia and EU

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1 Legal aspects of the relations between Russia and EU Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law Academy

2 Материалы разработаны при поддержке Программы Европейского Союза Erasmus+, Кафедра Жана Моне. Проект номер EPP RU-EPPJMO-CHAIR With the support of the Erasmus+ programme of the European Union, Jean Monnet Chair, Project number EPP RU-EPPJMO- CHAIR

3 Section 6. Impact of the EU-Russia relations on the EU legal order

4 Section 6. Impact of the EU-Russia relations on the EU legal order The EU legal order and EU relations with third countries 2. The EU-Russia relations in the EU primary law 3. The EU-Russia relations in the EU secondary law 4. The EU-Russia relations in the case law of the EU Court of Justice

5 EU Law Separate legal system Legal order sui generis Legal integration

6 Positions of the ECJ In Van Gend: A new leagal order of international law In Costa: The Treaty of Rome has created its own legal system

7 Main features of the EU legal order according the position of the ECJ Integral part of the legal systems of the Member States Direct effect and supremacy Specific actors of the EU law

8 Specific of the EU law Principles of law Sources of law

9 Principles of the EU law Common principles of law Fundamental principles of the EU law Common values Principles of the EU competence Functional principles and prepositions of the EU law

10 Sources of the EU law Sources of primary law Sources of secondary law Case law

11 Acquis communautaire Acquis communautaire is a French term referring to the cumulative body of European Community laws, comprising the EC s objectives, substantive rules, policies and, in particular, the primary and secondary legislation and case law all of which form part of the legal order of the European Union Internal and external dimension of the acquis

12 EU primary law A Constitution of the EU The Revision treaties Acts of accession Other treaties amended a Constitution

13 EU primary law No provisions concerning relations with Russia in the TEU, the TFEU and the EU Charter Protocol to the Act of accession 2003 Protocol 5 on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation

14 EU secondary law EU International agreements EU legal acts EU individual acts EU soft law EU acts of sui generis

15 EU International agreements The EU and Russia are the parties to approximately 70 multilateral and bilateral agreements At the bilateral level The PCA The EU-Russia sectoral agreements

16 The EU legislation in relations with Implementation acts Russia Technical assistance acts Political acts Acts in the CCP, including anti-dumping law Acts in the EU competition policy Other EU acts

17 Implementation acts 97/800/EC, ECSC, Euratom: Council and Commission Decision of 30 October 1997 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part 2012/107/EU: Council Decision of 14 December 2011 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement

18 Technical assistance acts TACIS Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument Other instruments, e.g. TAIEX

19 Political acts Soft law Bilateral acts EU acts European Parliament recommendation to the Council of 2 April 2009 on the new EU-Russia agreement (2008/2104(INI) Opinion of the European Economic and Social Committee on EU-Russia relations

20 Acts in the CCP Commission Implementing Regulation (EU) No 498/2012 of 12 June 2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union

21 Anti-dumping law Basic anti-dumping regulation 2009 Implementing regulations Council Implementing Regulation (EU) No 60/2012 of 16 January 2012 terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 of the anti-dumping measures applicable to imports of ferro-silicon originating, inter alia, in Russia Implementing decisions

22 Acts in the EU competition policy Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) Commission Decision of 03/05/2012 declaring a concentration to be compatible with the common market (Case No COMP/M SBERBANK OF RUSSIA / BNP PARIBAS PERSONAL FINANCE / BNP PARIBAS VOSTOK) according to Council Regulation (EC) No 139/2004

23 Other EU acts Freedom, Security and Justice Transport and Energy Environment Finance and Statistic Social field R & D

24 Case law Cases concerning the relations with Russia Cases with participation of Russian nationals and legal entitles Cases without participation of Russian nationals and legal entitles

25 Soviet enterprises Raznoimport Technointorg Joint ventures (Enital, Neotype Techmashexport, Stanko France)

26 Russian cases in 1990th Perestroika potash import IPC v. Council Euromin

27 Cases of Russian enterprises in XXI century Aluminium Selicon Kombinat CHEMK/KF Alrosa New cases

28 Cases of Russian citizens Jaquet Simutenkov Kadzoev Goncharov Grebenschikova

29 Other cases Export refunding Anti-dumping Trade barriers Technical assistance Bilateral relations between Russia and the Member States

30 Review What does the EU law from other legal orders distinguish? Which provisions of the EU Treaties do directly note about the development of Russia-EU relations? Which norms of the EU primary law do directly relate to the relations with Russia? In which area did the EU law concerning the relations with the Soviet Union / Russia start to develop in the twentieth century? In which areas is the EU legislation on relations with Russia developing now? In what area does the EU Court of Justice consider most of cases of Russian legal entities? What are the main conclusions of the EU Court of Justice in the Simutenkov case? Can Russia be sued in the Court of Justice of the EU?

31 The End of the Section 6