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Die Geschichte der Freiheit ist eine Geschichte der Begrenzung der Regierungsgewalt.

Woodrow Wilson
Reihe Masterthesen 2/2013 - Constitutional Aspects Concerning Subsidies Granted by the EU Print
Montag, 20 Mai 2013

Drawing on the Example of the Fisheries Partnership Agreement between the European Union and Mozambique

von Cornelia Krautgasser

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Abstract:

This thesis analyzes Fisheries Partnership Agreements (FPAs) from a legal point of view. Focus is put on constitutional issues that need to be considered when analyzing the legality of FPAs. It is argued that the EU has the competency to conclude FPAs with third countries in the fishery sector. Apart from that, FPAs also comply with EU subsidy law.

After having outlined the legal framework within which FPAs are concluded, one specific agreement is analyzed: The FPA between the EU and the Republic of Mozambique. Several concerns, such as unsustainable exploitation of resources, lack of monitoring, control and surveillance, absence of economic development in the host country, poor financial compensation and food insecurity are discussed.

The empirical investigation leads to the conclusion that there are considerable deficiencies in the FPA's implementation. This circumstance has direct effect on the previously identified concerns with the agreement. The finding of the thesis is that it is not the FPA's provisions, which lead to the previously mentioned concerns, but a lack of the agreement's full implementation. This is due to a reluctance of the European fleet to comply with the agreement's provisions as well as insufficient enforcement thereof.

 

Schlagwörter:

Fisheries Partnership Agreement, FPA, Mozambique, Constitutional Issues, Common Fisheries Policy, EU Subsidy Law, Sustainability, Overexploitation, MCS, Fairness of Price, Economic Development, Implementation, Indian Ocean.