EU Soft Law

The aim of the course is to examine the use and the nature of informal legal instruments by the European Union. In particular, the course will examine the rationale, the features and the complex legal nature of soft law instrument employed by the European Union in its external relations in three fields: migration, energy and defense.

Participants will explore the complexity of soft law instruments in the wider context of the EU legal order and in relation with third countries. Students will investigate international and European law doctrine on soft law. They will study the reasons beyond its employment and the characteristic that define an act as “soft”.

Participants will analyse the emergence of a new category of soft law, namely the EU External Relations soft law for which they will learn a certain taxonomy that identifies it. They will study this new category in three cases that constitutes three policies fields in the EU External relations: readmission arrangements in the migration field, RePowerEU in the energy field and the Strategic Compass in the defense field.

Students will learn about Poland's contribution to the formation of those instruments, especially the role of Poland in defining the context and the text of the Strategic Compass. Moreover, participants will become familiar with some aspects of Poland and EU diplomacy an negotiation.

The soft law in the international and European Law doctrine and practise – an introduction.

EU Soft law in the EU Treaties and internal practices – general issues.

Employment of soft law in the EU external relations: rationale, features and legal problems.

EU soft readmission agreements. EU External migration policies.

The RepowerEU and soft bilateral agreements with third countries.

The Startegic Compass and the EU-NATO Joint Declarations.

EU external soft law and the EU Treaties principles.

Student's workload:

lecture - 30 h

reading in foreign language - 60 h preparation for the lecture - 30 h preparation for the exam - 60 h altogether -180 h

Andrade, Paula García, ‘Insight The Distribution of Powers Between EU Institutions for Conducting External Affairs through Non-Binding Instruments’, European Papers: A Journal on Law and Integration, 1.1 (2016), 115–25;

2) Cardwell, Paul James, ‘EU External Relations Law and Policy in the Post-Lisbon Era’, EU External Relations Law and Policy in the Post-Lisbon Era, 2014, 1–433;

3) Committee, Meijers, ‘1806 Note on the Use of Soft Law Instruments under EU Law, in Particular in the Area of Freedom , Security and Justice , and Its Impact on Fundamental Rights , Democracy and the Rule of Law’, 2018;

4) Molinari, Caterina, ‘EU Institutions in Denial: Non-Agreements, Non-Signatories, and (Non-)Effective Judicial Protection in the EU Return Policy’, Maastricht Faculty of Law Working Paper No. 2019-02, Maastricht (2019), 24;

5) Okyay, Asli, and Jonathan Zaragoza-Cristiani, ‘The Leverage of the Gatekeeper: Power and Interdependence in the Migration Nexus between the EU and Turkey’, International Spectator, 2016;

6) Poli, Sara, ‘Articles The Integration of Migration Concerns into EU External Policies: Instruments , Techniques and Legal Problems’, 5.1 (2020), 71–94;

7) Ramses A Wessel and Joris Larik, EU External Relations Law: Text, Cases and Materials, 2nd edn (Oxford: Hart Publishing, 2020);

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8) Senden, Linda A.J., ‘Soft Law and Its Implications for Institutional Balance in the EC’, Utrecht Law Review, 1.2 (2005), 79;

9) Shaffer, Gregory C., and Mark A. Pollack, ‘Hard vs. Soft Law: Alternatives, Complements, and Antagonists in International Governance’, Minnesota Law Review, 2010;

10) Terpan, Fabien, ‘Soft Law in the European Union The Changing Nature of EU Law (Sciences Po Grenoble Working Paper No. 7)’, European Law Journal, 21.1 (2015), 68–96;

11) Wessel, Ramses a., ‘“Soft” International Agreements in EU External Relations: Pragmatism over Principles?’, ECPR SGEU Conference, 2018, 1–24;

12) Wessel, Ramses A, ‘Normative Transformations in EU External Relations: The Phenomenon of “ Soft ” International AgreementsAustrian Review of International and European Law, The latest volume of the Austrian Review of International and European Law (Vol. 25, 2020) is out. Contents include: Francesco Spera, The Employment of International Soft Bilateral Instruments by the European Union in its External Relations’, 2020, 1–21

13) RePowerEU and all related EU Commission documents

14)Strategic Compass and all related documents.

After the course student should be able to:

understand the international and European law interpretation of soft law

identify and describe the main reasons for the employment of soft laws by the European Union

identify and understand the main documents concerning soft law in EU external relations

know and analyze main aspects of UE external energy, defense and migration policy

understand the role of soft law in the three fields identified and their implication for the EU legal order and third countries.

Teaching methods:

-combination of theoretical issues and case studies;

Problem based learning methodology: materials would be provided before each class with some questions that the students will address together during the class with the help of the tutor

Students’ own studies, engagement and involvement by working together will be encouraged and part of the final evaluation.referring to their individual experience and knowledge gained from independent reading,

use of the Kampus platform and the uploaded materials including scientific papers, links to Internet sources and various audio-video materials, films, etc.

use of a PPT original presentation for each module

involvement of the student in independent work through the completion of one presentation on one specific topic selected by the tutor at the end of the class (each presentation is evaluated separately)

Assessment criteria:

The assessment consists of three parts: class attendance, presentation of one topic discussed in class and in-class activity. Each presentation is given a number of points. The sum of these points is the basis for the final grade. Attendance in class is required (two unexcused absences are allowed).