EU negotiation in Practice - first lecture session, 22 November 2010

5. complexity
uncertainty

9. we negotiate
on
perception

12. we negotiate
in an
environment

14. we negotiate
through a
process

16. we negotiate
with a
structure

18. institutions

21. rules

24. leadership

28. 27

30. 192

37. • International identity
• Legal personality: “a capacity of a person or an
entity to enter into legal relations and to create the
consequent rights and duties attached to that
capacity.”
• Actorness: international presence and
influence, focusing on the international role the
EU perceives. How much real influence the EU
has on the external environment.

38. art. 47 TEU
The Union shall have legal
personality.

39. • Observer: UN (Resolution 3208/XXIX) with
great privileges (WHO, WIPO, ILO) that include
participation at meetings (UNCTAD, UNHCR)
• Specific status: between observer and member
or participant in the works (Council of Europe,
OECD)
• Full membership participation: North-West
Fishery Atlantic organization (NAFO), FAO,
WTO, EBRD, European Organization for Safety
of Air Navigation (EUROCONTROL)

41. EUROPEAN
I
COMMUNITY
COMMON FOREIGN AND
II
SECURITY POLICY

44. • External trade (part of the common
commercial policy or CCP)
• Development policy
• Humanitarian aid
• Human rights and democracy
• Relations with third countries (including
enlargement)

45. • Competencies: express powers (e.g. common
commercial policy) or implied (ECJ
jurisprudence: “EC powers to enter into the
international commitments necessary of
attainment of a specific objective of the EC,
even in the absence of an express provision to
that effect”)
• Competencies: exclusive (e.g. customs union)
or concurrent (e.g. social policy)
• Mandates & Supervision

47. EU-RUSSIA
negotiation simulation exercise

48. key points
• two teams EU & Russia
• 3 sub-groups per team
• general & confidential instructions
• 30’ preparation
• 1h30’ meeting
• 30’ feedback

50. Chafarinas Islands
negotiation simulation exercise

51. key points
• National delegations, EEAS/High Representative
• general & standing-points
• 30’ preparation
• 2h PSC meeting