@phdthesis{8716642,
  abstract     = {{The EU currently follows an incomprehensive and in certain cases inconsistent approach towards the North African and Middle Eastern (NAME) countries at large. At bilateral and regional levels, different agreements were concluded or are being negotiated between the EU and these countries such as Cooperation Agreements, Partnership and Cooperation Agreements, Economic Partnership Agreements and Association Agreements, including Deep and Comprehensive Free Trade Agreements. Despite their rhetoric to promote human rights, the existing agreements provide different essential elements clauses. Also, the agreements lay down different scope of political dialogue, trade regimes and dispute settlement mechanisms. Besides, many of the current agreements mainly serve the interests of the EU by laying down legal obligations to cooperate on the readmission of illegal migrants and stipulating detailed rules on trade matters. In comparison, basic provisions were stipulated in the agreements on other sectors in which some NAME countries need major support. In addition, not all the agreements stipulate a provision to initiate cooperation on issues that currently constitute major challenges such as corruption and terrorism, regarding which the parties were not required to devote sufficient financial assistance and to define a time frame for the implementation of cooperation. The problematic issue is that the differentiated agreements are not subjected to an overall objective to build regional cooperation nor is there a legal obligation to ensure coherence between bilateral and regional cooperation.This network of agreements was not complemented by the establishment of a comprehensive multilateral framework to help some NAME countries in their transition process and effectively tackle the current transnational challenges such as corruption, terrorism, human trafficking and the proliferation of Weapons of Mass Destruction. However, a tentative Euro-Arab Dialogue was launched in the 1970s and the EU proposed the creation of the Strategic Partnership with the Mediterranean and the Middle East (SPMME) in 2003, which remains an empty shell. Instead of launching a comprehensive multilateral framework covering NAME countries, the EU created frameworks and policies covering mainly its Mediterranean neighbours, in addition to other countries, namely the Euro-Mediterranean Partnership (EMP, 1995-2007), the Union for the Mediterranean (UfM, 2008 onwards) and the European Neighbourhood Policy (ENP). Recently, the so-called ‘Arab Spring’ has re-activated the EU-League of Arab States (LAS) track with the launch of a “Strategic Dialogue”. The current research conducts a comparative legal analysis of the bilateral and regional agreements as well as the frameworks governing the relationship between the EU and its Member States and NAME countries to answer the following research question: “How can the EU develop a more comprehensive and consistent legal approach towards NAME countries in order to tackle the current transnational challenges and to help NAME countries in their transition process?” In the long-term and to ensure consistency, the research recommends the substitution of the current frameworks established towards the Mediterranean countries with one unique framework that links not only between the EU and the Mediterranean countries (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Authority, Syria, Tunisia and Turkey) but also covers the Middle Eastern Arab countries (Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates and Yemen) with the possibility of associating the African Arab countries (the Comoros, Djibouti, Mauritania, Somalia and Sudan). It must be noted that the then Secretary General of LAS, Amro Mosa, submitted a proposal to create an Arab Neighbourhood Policy (ANP) gathering the Members of LAS and their neighbours. Although the ANP has not yet been adopted by LAS, its proposal by the Secretary General indicates the need to create a multilateral cooperation among the Arab countries and their neighbours. It also refers to the necessity to redefine the current frameworks of the EU towards its Southern neighbours. Iran, Israel and Turkey have, for the time being, specific relations with the EU and its Member States and are of importance in the EU- NAME relationships, notably at security level. Turkey is still on the pre-accession track and remains the eastern pillar of the North Atlantic Treaty Organisation. Iran plays a major role in the Middle East but it is not currently linked to the EU and its Member States by any bilateral agreement nor is it included in one of the above-mentioned frameworks. Israel has been included in the ENP framework but remains a very specific partner to the EU in the region.
As the creation of a single framework is the ideal solution, a more pragmatic approach can be taken in the short-term, namely the promotion of regional sectoral cooperation. Some sectoral regional projects or agreements concluded between the EU and the Mediterranean countries can be developed and enlarged to cover all (interested) NAME countries such as the Regional Convention on Pan-Euro-Mediterranean Preferential Rules of Origin. Similar sectoral cooperation could be achieved on education, health, justice and the fight against corruption. Also, the south-south sectoral cooperation needs to be promoted by supporting regional agreements concluded between NAME countries such as the Grand Arab Free Trade Area and Agadir Agreement.The research recommends laying down a legal obligation in the agreements concluded between the EU and NAME countries to ensure coherence between bilateral and regional cooperation. Based on such approach, in the long-term, the EU could consider negotiating new asymmetrical bilateral agreements with NAME countries based on international law. The EU needs to negotiate new agreements to replace the current old and basic Cooperation Agreements with the Cooperation Council for the Arab States of the Gulf (GCC) and Yemen considering the strategic significance of these countries. New agreements with NAME countries are needed with more focus on the fight against corruption and on the improvement of the infrastructural capacities of education, health and justice sectors of NAME countries. Such a new approach should in principle be based on a precise and transparent identification of the EU objectives in the region. The conclusion of a single agreement with each NAME country instead of the current complex bilateral agreements and protocols strengthens transparency in the EU external relations as it allows the citizens to easily read in one defined agreement the legal commitments created between the EU and third countriesand the impact of such commitments on, for instance, human rights and sustainability. It will also give foreign investors a clearer image of their rights and obligations in the EU and third countries thus guaranteeing legal certainty. In the short-term, sectoral agreements can be concluded between the EU and NAME countries in areas of common interests and in sectors where NAME countries need support. These agreements should be concluded based on comprehensive impact assessment studies. In addition, there is a clear need for a greater role to be played by the EU and its Member States and NAME countries in solving the existing conflicts. To establish a credible image in NAME, the EU should consistently take measures against a third country violating the essential elements of the agreements. Finally, it must be admitted that any success in achieving positive change in NAME countries is conditional not only on the development of a comprehensive and consistent approach from the EU side but also on the willingness of the governments of NAME countries to conduct reforms.}},
  author       = {{Almosly, Mohamed}},
  keywords     = {{Legal Instruments,Frameworks,European Union,NAME Countries}},
  language     = {{eng}},
  pages        = {{XVI, 462}},
  publisher    = {{Ghent University. Faculty of Law and Criminology}},
  school       = {{Ghent University}},
  title        = {{The legal instruments and frameworks linking the European Union and its member states to the North African and Middle Eastern countries : the need to develop a more comprehensive and consistent legal approach}},
  year         = {{2021}},
}