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‘
ABSTRACT
The European Union-Uzbekistan relations have been instituted on that basis of recognition of mutual
and equal interests. On the 31st of December 1991 the European Communities and the twelve member
states stated their affirmation of the state independence by the Republic of Uzbekistan in their “Joint
Declaration of the Twelve” [1]. Diplomatic relations were established on 16 November 1994, and the
Republic of Uzbekistan’s Mission to the European Communities commenced its activity in Brussels on
the 6th of May 1995.
KEYWORDS
United Kingdom, Policy Strategy, Diplomatic, Security Policy, Cooperation Council, European Union
INTRODUCTION
One more specific feature of those relations is
mutual recognition and establishment of
diplomatic relations between the European
Community and new independent state of
Central Asia occurred simultaneously, in
parallel but separately, with the mutual
recognition and establishment of diplomatic
relations between each member states of the
European Community and Uzbekistan.
Uzbekistan established diplomatic relations
with Kingdom of Denmark on 25 January 1992,
with the United Kingdom of Great Britain and
Northern Ireland on 18 February 1992, with the
Republic of Finland on 26 February 1992, with
the Republic of France on 1 March 1992, with
Federative Republic of Germany on 6 March
1992, with the Kingdom of Belgium on 10 March
1992, with the Republic of Greece on 16 March
Institutional Frame Of The EU-Uzbekistan Relations
Khaydarali Yunusov
Senior Researcher, Institute Of State And Law Of The Academy Of Sciences Of The Republic Of
Uzbekistan, Associate Professor, PhD In International Law Department Of International Law
And Human Rights Tashkent State University Of Law
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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1992, with the Kingdom of Spain on 17 March
1992, with the Republic of Italy on 24 March
1992, with the Republic of Austria on 25 March
1992, with Grand Duchy of Luxembourg on 10
July 1992, with the Republic of Portugal on 12
August 1992, with the Kingdom of the
Netherlands on 24 November 1992, with the
Republic of Ireland on 7 November 1997.
It is important to keep in mind here that it is not
necessary to establish mutual diplomatic
relations at the same time with the
diplomatically presence in the form of opening
diplomatic establishments, and usually latter
one depends on procedural, material and
financial issues.
At the time of the European Union’s
recognition in the international arena as a
major economic and financial entity, the
necessity of uplifting Uzbekistan’s political,
economic, trade and cultural relations with this
organisation and its member states to a new
stage requires to elaborate a thorough analysis
of bilateral relations.
The European Union’s history and the present
condition are closely intertwined with
integration processes in Europe. Incorporating
in itself geographical, political, economic,
cultural
and
linguistic
varieties,
the
organisation called the European Union,
according to its political nature and legal
status, as the former president of the
European Union Commission Jacques Delor
put it, reminds a “flying object non-identified”
for science [2]. Its political and legal nature is
considerably intricate.
Along with elements of federation and
confederation,
the
European
Union
incorporates at the same time nearly all the
components of an international organisation
as well. The institutional system of the
organisation is one of those ingredients: the
presence of permanent bodies and institutions
and the complex interrelations among those
bodies and institutions regulated by certain
codes of law. The European Union, thus, is
widely studied as a regional international
organisation and institutional system [3]. The
membership of the European Union is granted
under certain requirements and conditions.
Those conditions and requirements are known
to the academic circles as Copenhagen and
Madrid criteria [4].
The European Union contains aspects distinct
from those of international organisations as
well as States and State-like structures.
Integration processes developing with rapid
pace in Europe have been presenting us with
novel characteristics with regard to the
political and legal nature of the organisation. In
other words, it is more than ordinary
international organization. In our opinion,
European Union is an example of an evolving
State-like structure of an international
organisation that incorporates elements of
confederacy. At the same time, the European
Union as an international organisation and
institutional
system
possesses
all
the
organisational and legal components.
The EU relations with Uzbekistan appear in two
formats: interregional (the European Union
and Central Asia) and bilateral format (the
European Union and Uzbekistan). Both
formats of mutual relations have positive and
negative aspects. These relations have
significantly developed and revealed closeness
of values, economic and security interests. The
growing dynamics of bilateral relations also
confirmed that there is a significant potential
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for strategic cooperation between parties.
Particularly, many challenges facing the
globalized world affect Europe and Central
Asia alike, and warrant a common response.
Security questions and regional economic
development require close cooperation of the
EU with Uzbekistan, taking into account its
geographical location, in particular with
respect to Afghanistan. This applies to
developments in the areas of border
management, migration, the fight against
organized crime and international terrorism, as
well as human, drugs, and arms trafficking.
As far as interregional format (the European
Union and Central Asia) is concerned, strategic
interests of the EU in Central Asia have already
been outlined in the EU Commission’s
“Communication with the newly independent
states
of
Central
Asia”
(Communication/UE/Commission
européenne/Documents
COM/95/0206)
in
1995. However, the relations of the EU with the
countries of the region have never been linear.
The studies of evolution of the relationship
between the EU and Central Asia show that EU
had to change its strategy, position and policy
a number of times. Lack of information about
the region in general, and countries of the
region in particular, immaturity of common
external policy and institutional arrangements
at that time could be seen as the main reasons
for that. Moreover, pertinent transformations
in the region are undoubtedly pushing the EU
to modify its strategic priorities in the region.
In the beginning, the EU chose to implement a
common foreign policy strategy towards all
countries of the region and it continued until
the mid-1990s. Later, the Union tried to
conduct separate policies to each country.
Starting from 2000, the EU chose a regional
approach in its external policy: Caucasus,
Central Asia and Eastern neighboring newly
independent states separated from each other
in accordance with their regional belonging,
and distinct strategies for different regions
have been established. The relations of the EU
with countries of the region have been
developed in multilateral as well as bilateral
formats at separate country-oriented and
common regional level.
Later, Council of the EU, in its document
entitled “The European Union and Central Asia:
Strategy for a New Partnership”, adopted 23
June 2007, made the European Union’s
strategic interests in the region even clearer.
Adopted by the European Council on June 21-
22, 2007 the first Strategy is an overall
framework for EU relations with Central Asia
aimed at strategically strengthening relations
in all areas of cooperation. This document
states that the European Union does not
support the single isolated from each other
steps toward Central Asia, but supports the
task-oriented and long-term programme on
rapprochement with Central Asia under
international politics.
The necessity of raising the relations between
the European Union and Central Asia to a new
level is felt by the leaders of the two sides, and
the EU’s new initiatives are evident.
In the EU Global Strategy for Foreign and
Security Policy, entitled “Shared Vision,
Common Action: A Stronger Europe”,
announced and elaborated by the High
Representative Federica Mogherini in 2016, has
been emphasized that “The EU internal and
external security are ever more intertwined: its
security at home depends on peace beyond
European borders. …It is in the interests of our
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citizens to invest in the resilience of states and
societies to the east stretching into Central
Asia, and to the south down to Central Africa.
…In Central and South Asia, we will deepen
cooperation
on
counter-terrorism,
anti-
trafficking and migration, as well as enhance
transport, trade and energy connectivity”. In
the
EU
Global
Strategy,
the
High
Representative Federica Mogherini paid a
specific attention to EU-Central Asia relations
and defines the priority of the inter-regional
cooperation such as fight on counter-
terrorism, anti-trafficking and migration, as
well as enhance transport, trade and energy
connectivity.
As a next step, the EU Foreign Affairs Council
adopted conclusions on the EU newest
strategy for the region on June 19, 2017. The
Council
therefore
asked
the
High
Representative and the Commission to come
forward with a proposal for a new Strategy by
the end of 2019 in accordance with the EU
Global Strategy. According to Council’s
statement, alongside high-level political
dialogue support to education, intercultural
dialogues, cooperation between civil society
entities, people-to-people contacts between
the EU and Central Asia should be emphasized
in the new strategy. Secondly, HR/VP Federica
Mogherini paid a first visit Uzbekistan in
November, 2017 to participate in the European
Union-Central Asia Foreign Ministers’ Meeting
“EU and Central Asia: Working for a Safer and
More Prosperous Future Together” during
which she officially called CA partners for a
partnership for change, for development and
for security.
Hence, historical conditions themselves
required
a
more
constructive
and
comprehensive discourse on the history,
current status and future prospects of the EU-
CA relationships. Indeed, in order to effectively
solve the issues at hand and set a right path for
the future development of cooperation, we
need to look back to the history and carefully
re-assess it. Past twenty-seven years have been
the period of test in the relationship between
the EU and CA countries. Thus, at this stage, it
is very essential to review and evaluate the
results, and to establish an agenda for further
strengthening the relations.
Finally, 10 years after the adoption of the first
Central Asia strategy (2007), the EU Foreign
Affairs Council adopted conclusions on the EU
newest strategy for the region on June 19,
2017. Finally, On 17 June 2019, the Council
adopted conclusions on a new EU strategy on
Central Asia, adapting the EU policy to new
opportunities which have emerged in the
region [5].
Coming back to bilateral format of relations, it
should be noted that the EU-Uzbekistan
relationship has not reached its peak yet.
Within the framework of current relationships
there are many unutilized spaces. Prospects of
the future cooperation will depend on the
effective utilization of those empty spaces.
Unfortunately, over the past years, the number
of opportunities were missed in bilateral
relations also. One of the main reasons for this
is that, from the scientific perspectives, the
problems, development trends and prospects
of mutual relations were not studied well. In
Europe, the research and institutions of Central
Asia are poorly developed, and in Central Asia,
particularly in Uzbekistan, the European
research field is underdeveloped.
Relations between the European Union and
the Republic of Uzbekistan have their own
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peculiar institutional system. Formation of
those institutions preserves the stable
continuity of mutual relations and serves to
prevent in a fair and immediate manner the
minor problems to arise on a constant basis.
To our mind, the institutional system of
bilateral and multilateral mutual relations
includes
diplomatic,
conventional
and
unilateral national institutions. It is known that
diplomatic
institutions
are
structures
organised at the highest level with the goal of
carrying out diplomatic missions. Cooperation
Council and Committees created within the
framework of the Partnership and Cooperation
Agreement signed in 1996 [6] can be used as an
example to define conventional institutions.
Where as national institutions can take the
form of specialised institutions or bodies
established with the objective of founding and
developing the mutual relations at various
levels and for other tasks relevant to the
subject matter.
Diplomatic institutions incorporate both sides’
diplomatic missions of any classification. The
Embassy of the Republic of Uzbekistan to the
Kingdom of Belgium, for one, is simultaneously
tasked to perform the duties of Uzbekistan’s
Mission to the European Union. According to
the 1966 Luxembourg Accord on rules
concerning accreditation at the Communities
[7], the chief of Mission of the Republic of
Uzbekistan
to
the
European
Union
(Communities) hands his Letters of Credence
to both the Chairman of the Council and the
President of the Commission separately.
The House of Europe set up in Tashkent in 2002
was temporarily tasked to perform the duties
of the European Communities’ mission to
Uzbekistan [8]. On the base of the House of
Europe the EU opened its permanent
diplomatic representation in Tashkent in 2011.
Institutions responsible for relations of the
European Union with the Republic of
Uzbekistan include the Presidency of the
European Council, European Union Council,
General Affairs Council of the EU that convenes
at least once every month, Commission of the
European Union, the European Parliament, and
other major institutions and auxiliary bodies.
High
Representative,
created
under
Amsterdam Treaty, is Secretary General of the
Council tasked to high representation in
international relations within the sphere of
Common Foreign and Security Policy that acts
on behalf of the Union. Council Joint Action
2005/588/CFSP dated 28 July 2005 set up the
institution of the EU Special representative
(EUSR) for Central Asia under the European
Union’s High Representative [9]. The first
appointment of the EUSR for Central Asia
started in 2005 and was held by Mr. Jan Kubis
until 2006, a Slovak diplomat and former OSCE
Secretary General. The role of European Union
Special Representative for Central Asia is of
paramount importance for advancing the EU’s
relations with Central Asia, a region of strategic
significance for the EU, as well as for the
implementation of the 2019 EU’s Central Asia
Strategy. On 21 June 2021, the Council of the
European Union appointed Terhi Hakala as the
new EU Special Representative for Central
Asia, a position she will hold from July 2021 to
February 2023, with the possibility of extension
through an EU Council decision[10].
The political aspects of European Union-
Uzbekistan relations are largely managed by
the Council of the European Union and its
specialised
bodies.
The
European
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Commissioner for External Relations is also
liable for foreign economic relations of the
Union.
Conventional institutional system includes all
institutions or other bodies established on the
basis of mutual consensus within bilateral or
multilateral agreements among parties. As
pointed out above, PCAs are the main bonds in
bilateral relations of the EU and Uzbekistan.
Since the enforcement of PCA starting July 1,
1999, there has been formed a number of
institutions
that
are
responsible
for
implementation and monitoring of this
agreement.
The PCA’s XI Chapter (“Institutional, General
and Final Disposition”), articles 78-85 and 89
speaks about bringing solutions to issues
related to institutions [11]. In particular, articles
78-79 give directions on formation and duties
of the Cooperation Council (CC). According to
these articles, the Cooperation Council “is an
administrating div for realization of the
agreement”. The CC oversees all international
issues and issues within its mission, and gives
directions where necessary. The CC’s actions
are supervised by internal Regulation of the
Cooperation Council of the Republic of
Uzbekistan, on one side, and European Union
and its member countries, on another side,
signed on September 13, 1999 [12].
Article 80 of PCA stipulates about forming of
the Cooperation Committee under the
Cooperation
Council.
The
Cooperation
committee is responsible for preparing for
Cooperation Council meetings, effectiveness
of the Cooperation Council, and other related
issues.
Another important institution mentioned in
PCA with Uzbekistan is Inter-Parliamentary
Cooperation Committee. The articles 83-85 of
the Agreement are dedicated to explaining this
committee’s formation, mandate, duties and
responsibilities. The committee comprises of
the members of the European Parliament and
Parliament (Oliy Majlis) of the Republic of
Uzbekistan. Its meeting can be organized as
the committee itself decides.
The Inter-Parliamentary Committee has an
authority to request reports on activities of the
Cooperation
Committee
and
give
its
recommendations
accordingly.
The
Cooperation Committee is obliged to provide
with
the
requested
information.
The
Committee can organize meetings at any time
as necessary. Each party takes turns to appoint
a head to the Inter-Parliamentary Committee.
To sum up, the PCA provides for several
institutions, made up of European and Uzbek
officials, to ensure implementation and
monitoring:
•
The Cooperation Council of ministerial
level meets once a year in Brussels and
supervises implementation.
•
The Cooperation Committee of senior
officials meets once a year either in
Brussels or Tashkent and assists the
Council.
•
Two Cooperation Subcommittees of
experts provide technical assistance,
meeting once a year in Brussels or
Tashkent.
These
are
the
subcommittees for Justice and Home
Affairs, Human Rights and related
issues (JHA Subcommittee) and Trade,
Investment, Energy and Transport
(TIET Subcommittee).
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•
There is also an annual Human Rights
Dialogue between the EU and
Uzbekistan which meets back-to-back
with the JHA Subcommittee.
•
The
Parliamentary
Cooperation
Committee of members of the Uzbek
Parliament
and
the
European
Parliament maintain political relations
by meeting once a year in Brussels.
It can be inferred therefore that the
institutional system of relations between the
European Union and Uzbekistan has been
forming for the past years. The institutional
system of bilateral relations is shaped
according to the rules and treaties within
international law on diplomatic activities.
CONCLUSIONS
The following theoretical outcomes were
reached as the result of exploring the
institutional frame of mutual relations
between the European Union and the Republic
of Uzbekistan.
1.
The European Union as an international
regional organisation is a structure of
intricate political and legal nature. At
the same time, the European Union
possesses aspects different from those
of both
traditional international
organisations, and States and state-like
entities. At the present moment, it
constitutes a peculiar sample of a state-
like
international
organisation
incorporating confederative features
that has gradually been developing an
image of a federal state. Consequently,
the mutual relations of the Republic of
Uzbekistan with the European Union
differ from relations with other
international organisations.
2.
Diplomatic relations between the
European Union and the Republic of
Uzbekistan have properties specific to
them only and differ from those among
States.
Extraordinary
and
Plenipotentiary Ambassador of the
Republic of Uzbekistan to the Kingdom
of Belgium serves at the same time as
Chief of Mission of the Republic of
Uzbekistan
to
the
European
Communities. A thorough analysis of
institutional system of diplomatic
relations between the European Union
and Uzbekistan demonstrates that
legal bases of status and activities of
the Mission and Chief of Mission of the
Republic of Uzbekistan to the
European Communities have not been
clearly indicated in the national
legislation in force.
3.
The European Union and Uzbekistan
relations
have
their
specific
institutional system. Formation of
those institutions preserves the stable
continuity of mutual relations and
serves to prevent in a fair and
immediate manner the minor problems
to arise on a constant basis. They can
conditionally
be
divided
into
diplomatic, unilateral-national and
conventional institutions or bodies
referred to in bi- and multilateral
agreements.
The following practical recommendations and
proposals are being put forward on the basis of
analysing the institutional bases of mutual
relations between the European Union and the
Republic of Uzbekistan and on the basis of
academic conclusions reached as the result of
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research on the topic. In particular, in the
sphere of law-making and the perfection of
national legislation:
•
Official status and normative-legal
bases of activities of the Republic of
Uzbekistan’s Mission to the European
Communities ought to be worked out
and perfected. To this end, it is
proposed to establish diplomatic ranks
and grades of Missions of this type and
their
Chiefs
by
introducing
amendments and addenda to relevant
laws. Particularly, the title of the Law of
the Republic of Uzbekistan, dated 3
July
1992,
“On
Procedures
of
Appointing and Recalling the Chiefs of
Diplomatic Representations of the
Republic of Uzbekistan in Foreign
Countries” ought to be renamed into a
law “On Procedures of Appointing and
Recalling the Chiefs of Diplomatic
Representations of the Republic of
Uzbekistan in Foreign Countries and to
International
Organisations”
with
relevant amendments introduced to
the law, or there ought to be adopted
a new law “On Missions and
Representations of the Republic of
Uzbekistan
to
International
Organisations”.
In the realm of further developing the
institutional system of mutual relations:
•
Before the European Union, creating a
separate Mission (from the embassy to
Kingdom of Belgium) – diplomatic
representation of the Republic of
Uzbekistan and maintaining it on the
basis of independent financial sources,
widening the scope of competences of
that Mission, and in parallel to this,
broadening the European Department
within the Ministry of Foreign Affairs of
the
Republic
of
Uzbekistan,
consolidating
the
Department’s
material and technical base;
•
It is recommended to shape a system
of bilateral and multilateral supreme
communication at the level of Heads of
states and governments at least once
in two years on the permanent basis
with the participation of Heads of
states and governments of the
European Union Member States,
Central Asian Heads of State and
government, and high-level officials of
the European Union.
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