The Mercosur and European Union relationship: an analysis on the incorporation of the Association Agreement in Mercosur

Abstract

This article analyses the Mercosur–European Union Association Agreement (AA) from a non-European perspective. It covers the Mercosur normative system, more specifically the part that deals with the incorporation of international laws and treaties into the regional legal system. First, it seeks to explain the nuances behind the announcement made by the States Parties to the AA in June 2019, seeking to contextualise the time frame for the development of the negotiations and the subsequent signing of the AA. Next, two important aspects for the effectiveness of the agreement are analysed: the procedure for incorporating the rules adopted by Mercosur Members, with reference to the provisions currently in force and applicable to Mercosur Members as a result of the agreements signed by them; and the difficulties associated with the procedure. Finally, the pillars on which the negotiations were initially conducted are discussed, with special attention to political dialogue, trade and cooperation, and the sustainable development considerations that are present in the AA. By adopting a non-European perspective, this article presents the issues related to Mercosur’s internal normative system for the incorporation of international norms and regulations, that is, the agreement itself, and the procedure for its entry into force and possible obstacles to its implementation. It is concluded that, despite all the efforts made to finalise the negotiations, there is a clear and indisputable uncertainty regarding the effective application of the agreement.