From Soviet Republics to EU Member States: A Legal and Political Assessment of the Baltic States' Accession to the EU

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BRILL, 2008 - Law - 584 pages
"From Soviet Republics to EU Member States" addresses the legal and political challenges surrounding the EU accession of Estonia, Latvia and Lithuania. Based upon a profound analysis of the Baltic Statesa (TM) historic development and international legal status, this book examines the gradual development of bilateral relations between the EU and each of the Baltic countries. It discusses the strategic policy choices made in the EUa (TM)s fifth enlargement wave and the consequences of its pre-accession strategies. Specific attention is devoted to the impact of enlargement on the triangular relationship between the EU, the Baltic States and Russia. Finally, the constitutional changes within the Baltic States and within the European Union itself are taken into account.
 

Contents

HISTORICAL LEGAL AND GEOPOLITICAL CONTEXT
1
From the Northern Crusades to the Russian Empire
3
Chapter Two The Creation of Independent Baltic Republics
11
The Years of Independence
19
Chapter Four Incorporation into the Soviet Union
29
National Reawakening and the Restoration of Independence
41
State Continuity or State Succession?
59
Conclusions The Determinant Role of the Baltic States History and International Legal Status
87
Conclusions Characteristics of the EUs Enlargement Methodology and PreAccession Strategies
299
A POSTFACTUM ANALYSIS
305
Chapter One The Legal Framework of EU Accession Negotiations
307
The Case of the Baltic States
313
Chapter Three Drafting the Treaty of Accession
355
Conclusions The Treaty of Accession and Differentiation in the EU
393
PART FIVE THE IMPACT OF EU ENLARGEMENT ON THE TRIANGULAR RELATIONSHIP BETWEEN THE EU RUSSIA AND THE BALTIC ...
397
Chapter One Towards a New Approach in EURussia Relations?
399

PART TWO THE LEGAL FRAMEWORK OF RELATIONS BETWEEN THE ECEU AND THE BALTIC STATES BEFORE ACCESSION TO THE ...
93
Towards a Policy of Differentiation
95
Chapter Two Integrating the Baltic States in the ECEUs External Policies
101
Chapter Three Catching up with the Countries of Central and Eastern Europe
129
Chapter Four Consequences for the Internal Legal Order of the Baltic States
157
Characteristics and Limitations
177
Internal and External Factors
187
Assessment of the Evolving Relationship
193
PART THREE THE BALTIC STATES AND THE EUS PREACCESSION STRATEGIES
197
Chapter One The Legal Framework of EU Enlargement
199
Chapter Two The Introduction of a PreAccession Strategy
223
Chapter Three The Dilemmas of Differentiation between the Candidate Countries
231
Reconciling Inclusion and Differentiation
253
Reconciling Widening and Deepening
289
Chapter Two Remaining Challenges in BalticRussian Relations
421
Chapter Three The Role of the Baltic States in the EUs Relations with Russia
463
Conclusions EU Enlargement as a Deus ex Machina?
483
DEVELOPMENTS AT THE NATIONAL AND EUROPEAN LEVEL
487
Chapter One The Adaptation of the Baltic States Legal Systems
489
Chapter Two The Role of the Baltic States in the Process of European Constitutionalisation
511
Conclusions The Constitutional Challenges after Enlargement
519
General Conclusions
523
Annex I Overview of Negotiations and Transitional Arrangements with Estonia
531
Annex II Overview of Negotiations and Transitional Arrangements with Latvia
541
Annex III Overview of Negotiations and Transitional Arrangements with Lithuania
551
Bibliography
561
Index
581

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About the author (2008)

Peter Van Elsuwege studied International Relations and European Law at Ghent University and obtained his Ph.D. in Law in July 2007. His research focuses on EU external relations. He is presently Assistant Professor at the European Institute of Ghent University.

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