Historical and legal basis of Azerbaijan-EU relations
After gaining independence in 1991, Azerbaijan began to take an active part in building relations with Western countries and in international politics on the basis of the protection of statehood and national interests, as well as the principles of mutually beneficial cooperation, good neighborliness and peaceful coexistence. The fundamental requirements of state-building after the collapse of the USSR created a good basis for building relations between Azerbaijan and the European Union member states at both bilateral and multilateral levels. Due to its geographical proximity, important geostrategic location, availability of significant energy resources, Azerbaijan is a country of traditional interest to European countries (Sadigov R. The South Caucasus factor in the Eastern policy of the European Union. Political e.ü.fd dissertation, Baku, 2011, p.52). In general, in the first years of independence, the prospects of Azerbaijan’s relations with the European Union were based on internal and external factors. Internal factors included the continuation of reforms in the political, economic and social life of Azerbaijan to achieve the standards of the European Union, the full liberalization of the domestic market, production and services, and the completion of the country’s democratic transformation. External factors included the settlement of the conflicts in the South Caucasus, including the settlement of the Armenian-Azerbaijani Nagorno-Karabakh conflict, joint cooperation between the countries of the region, security cooperation, the formation of a unified legislative, executive and judicial authorities in all three countries (Mammadov N, p.285). In general, the Republic of Azerbaijan declared in 1993 that Azerbaijan was interested in establishing relations with the EU. By signing the “Partnership and Cooperation Agreement” with the European Union, Azerbaijan began official relations with the EU. The European Union sent its first representative to Azerbaijan in 1998, and in 2000 the Permanent Mission of Azerbaijan to the EU was opened in Brussels. The Representation of the EU Commission in the Republic of Azerbaijan has been operating in Baku since February 4, 2008. This body was later renamed the Delegation of the European Union to the Republic of Azerbaijan. The appointment of the EU Special Representative for the South Caucasus on 7 July 2003 was a step towards increasing the organization’s activity in the region (Ahmadov E, p. 227).
The European Union has developed a “Technical Assistance to the CIS” program to provide financial assistance to countries belonging to the new group of democracies, such as Azerbaijan, to implement democratic reforms, create a market economy, develop interstate trade and transport relations and improve the customs system. In 1992-2006, more than 414 million euros in humanitarian, technical and food assistance was provided to Azerbaijan within the framework of the EU’s TACIS and other assistance programs (E. Ahmadov, 241). In addition, serious steps have been taken between Azerbaijan and the European Union in the field of human rights and politics. The Partnership and Cooperation Agreement between the European Union and the Republic of Azerbaijan was signed in Luxembourg on 22 April 1993, providing for cooperation in trade, investment, economy, legislation, culture, immigration and the prevention of illicit trade and laying the legal basis for bilateral relations. This agreement can be considered as one of the most successful pages in foreign policy, as it is the legal basis for expanding relations between Azerbaijan and EU institutions. The EU-Azerbaijan Partnership and Cooperation Agreement entered into force in 1999 after ratification by the Azerbaijani Parliament.
European Neighbourhood Policy
One of the main tools for the European Union to interact with the countries of the South Caucasus was the European Neighborhood Policy. In 2004, the Republic of Azerbaijan was included in the ENP program. The central element of the ENP is the Action Plan agreed between the EU and each partner country, which sets out a number of short- and medium-term priorities for the country. The “Azerbaijan-EU Action Plan” was adopted at the meeting of the Azerbaijan-EU Cooperation Council held on November 14, 2006 in Brussels (E. Ahmadov, p. 240). The action plan identifies a number of priority areas of cooperation between the European Union and Azerbaijan. These are: mainly the peaceful settlement of the Nagorno-Karabakh conflict; strengthening democracy; strengthening the protection of the rule of law, human rights and fundamental freedoms; improving the business and investment climate; improving the work of the customs service; support for balanced and sustainable economic development; improvement of economic legislation and administrative practice; Deepening energy and transport cooperation between the European Union and Azerbaijan; strengthening cooperation in the fields of justice, freedom and security, including border issues; strengthening regional cooperation (Mammadov N. Foreign policy: realities and vision for the future. Baku: QANUN, 2013, p.212). The cooperation carried out within the ENP allows Azerbaijan to establish economic relations with EU countries, establish preferential trade and credit regimes, labor, market relations and migration, fight against drug trafficking and organized crime, promote investment, attract new financial sources, etc. opened up opportunities such as (N. Mammadov, p. 287).
The Eastern Partnership initiative was launched by Poland and Sweden at a meeting of EU foreign ministers in Brussels on 26 May 2008. The initiative covers Azerbaijan, Georgia, Armenia, Ukraine, Moldova and Belarus. A joint declaration was adopted at the EaP Summit in Prague on May 7, 2009, and the EaP officially began operations. The EaP intends to raise relations between the European Union and the member countries of the program to a higher level, to continue and expand existing cooperation in bilateral and multilateral formats. Azerbaijan also joined the Eastern Partnership program at the 2009 summit in Prague. The EaP program was a different framework from the Partnership and Cooperation Agreement. Thus, in order to establish closer ties with each partner country within the EU, the signing of new association agreements instead of existing partnership and cooperation agreements within the bilateral format, the establishment of a Deep and Detailed Free Trade Zone with a partner country in the WTO, as well as gradual visa requirements. liberalization, deeper cooperation to strengthen the energy security of partner countries and the EU, etc. planned. In other words, the EaP program did not promise the prospect of EU membership, but only a free trade agreement and associative political cooperation with this body, which provided for deep economic integration. However, neither the ENP nor the EaP did not sign the Association Agreement and began negotiations with the EU for a new comprehensive agreement, such as the Strategic Partnership Agreement, as Azerbaijan did not promise EU membership or any security guarantees. Because both the ENP and the EaP were programs that reflected the interests of the EU and the political and economic interests of the partner countries. On the other hand, the signing of the Association Agreement was not economically attractive for Azerbaijan. Because Azerbaijan is not a member of the World Trade Organization, which is one of the main requirements for signing the “Deep and Comprehensive Free Trade Agreement”. On the other hand, the Association Agreement would not give a significant vote to Azerbaijan within the EU Customs Union. In addition, membership in the association would not reduce the share of oil and gas exports, which account for more than 90% of Azerbaijan’s exports, in the short and medium term. In general, Azerbaijan views the entry into any customs zone from three perspectives: political independence, economic efficiency and the Nagorno-Karabakh conflict.
In addition, the European Union must accept that both sides have different requirements and needs. Therefore, before the EA Summit in Riga in 2015, Azerbaijan submitted a proposed document on the Strategic Partnership Agreement to the EU. Azerbaijan, like Georgia, Moldova and Ukraine, did not sign the Association Agreement, so it preferred to sign an agreement that has a separate legal force and reflects the national interests of the country. On 14 November 2016, the EU Council of Ministers mandated the European Commission and the High Representative for Foreign Affairs and Security Policy to begin negotiations on behalf of the EU member states on the signing of an agreement between the EU and Azerbaijan. It should be noted that the new agreement will replace the 1999 TES and will be a new large-scale agreement with a legal obligation. Unlike other framework documents, the STS will address the common problems and goals facing Azerbaijan and the EU and will create a new basis for mutually beneficial cooperation and political dialogue between the two sides. The STS is a practical example of the “difference” approach outlined in the context of pursuing Azerbaijan’s interests in relations with the EU and in the updated version of the ENP (SAM, Main Directions of Foreign Policy of the Republic of Azerbaijan, pp. 324-326, 2017).
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- SAM, Main directions of Foreign Policy of the Republic of Azerbaijan, 2017.
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- Sadigov R. The South Caucasus factor in the Eastern policy of the European Union. Political e.ü.fd dissertation, Baku, 2011, p.52.
- Mammadov N. Azerbaijan model of foreign policy. / Selections from articles (1997-2011). Baku: Çaşıoğlu, 2012, pp.282-285.
- Ahmadov E. Azerbaijan’s foreign policy: relations with international security and cooperation institutions. Baku: Letterpress, 2013, p.245.
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