The Basis for Differential Treatment among Third-Country Nationals: EU Association Agreements and Cooperation Frameworks

Abstract

This chapter breaks down the various association agreements and cooperation frameworks that are of relevance for individuals in that they stipulate rules on the status and/or movement of persons. It examines the reasons for which the European Union (EU) has concluded such agreements and frameworks with third countries. However, the chapter investigates how such frameworks, providing for preferential treatment for third-country nationals holding a certain nationality, relate to and mesh with the principle of non-discrimination on grounds of nationality that forms the cornerstone of the EU integration process. It lists and explains the association agreements and cooperation mechanisms. Association, cooperation and partnership agreements are legally binding for all contracting parties, whereas umbrella frameworks such as the ENP and the Euro-Mediterranean Partnership allow for policy collaboration on a more flexible basis. Exclusively the agreements concluded with the EEA, Switzerland and Turkey contain general non-discrimination clauses that prohibit discrimination based on nationality.Keywords: association agreements; cooperation agreements; EEA; Euro-Mediterranean Partnership; European Union (EU); partnership agreements; Switzerland; third-country nationals; Turkey