‘Code of Absence’: EU-Belarus Legal Framework

Abstract

It is usually considered that EU-Belarus contractual relations are almost non-existent due to the lack of an overarching agreement between the parties. This article argues that the EU-Belarus contractual relations, despite their apparent absence, consist of a complex system of legal instruments. The article identifies three main intrinsic characteristics of the EU-Belarus bilateral framework: quasi-institutionalization of the political dialogue as well as preponderance of unilateral ‘soft’ instruments and sector-specific cooperation. This quasi-legal framework has concrete implications for the (limited) toolbox available for the EU to respond to the migrant crisis at its borders with Belarus. In addition to EU internal measures to counter migrant smuggling, the partial suspension of the Visa Facilitation Agreement and the upgrading of the EU restrictive measures emerged as two available legal avenues for the EU’s action with respect to Belarus. Belarus, Eastern Partnership, PCA, legal framework, ENP, Readmission Agreement, Visa Facilitation Agreement, Customs cooperation