The memorandum of understanding signed on Sunday, July 16, 2023, between Tunisia and the European Union (EU) does not mark the end of negotiations; on the contrary, this document is only the beginning of a complex and exciting process towards deeper cooperation between the two parties.
The memorandum signed implies the need to negotiate specific and technical agreements, as well as to meet challenges to transform this agreement into a concrete reality, in the form of agreements binding Tunis and the other European capitals.
The distinction between a “memorandum of understanding” and an “international treaty or convention” is significant from a legal and political point of view. An international convention, also called an international treaty, is a formal instrument that legally binds signatory states to respect their mutual obligations, with serious legal consequences for non-compliance.
A document not yet binding
In contrast, a memorandum of understanding is a non-binding document that simply expresses the intention to cooperate between the parties, providing greater flexibility but without binding legal force.
The memorandum of understanding signed between Tunisia and the EU establishes a moral agreement and a general framework for cooperation, laying the foundations for future conventions and treaties in various fields. However, for these specific agreements to be fully implemented, they will have to go through a rigorous approval process. The EU will have to submit the agreements to the European Parliament and obtain the agreement of all member states, while Tunisia will have to obtain the approval of the parliament or the ministries concerned, which in the current autocratic political system in Tunis does not should pose no difficulty.
This memorandum of understanding, therefore, represents an important preliminary step towards deeper cooperation, requiring additional internal approvals before being officially concluded and put into practice. Thus, the parties establish a common understanding of the areas of cooperation, discuss the technical details of each point and prepare to create more formal and binding agreements to strengthen their bilateral relations.
The devil is in the details
Now real discussions will begin and how to operationalize these general principles that were discussed earlier in the memorandum. The details will be key in defining each party’s role and commitment to the other. And the devil, we know, is in the details.
From there, the benefits of each will be determined. The details of the technical procedures concerning points such as immigration and mobility, for example, will determine the role that Tunisia will play in this dossier. Will it simply be the guardian of its borders, as mentioned in the memorandum as a general principle, or will it play the role of guardian of Europe’s borders by stepping up coordination efforts in the operations of search and rescue at sea, as mentioned in another passage?
Similarly, the implementation of another principle set out in the memorandum, namely that all measures taken to combat illegal immigration, such as the strengthening of surveillance, prevention and expulsion, will be fully respectful of principles of human rights, will also depend on the details.
With regard to the economic component, the details will be decisive for the real commitments of the European side to support the Tunisian economy and the extent of this support. This can be established through specific technical discussions regarding the possibilities and the financial and logistical support that will be allocated and provided.
Getting more out of the negotiation
This also applies to the other points. Thus, everything mentioned in the memorandum, or rather what is permitted by the framework of memoranda in general, represents only general principles and declarations of intent preparing the ground for the conclusion of specific and binding technical agreements.
Therefore, the determination of the concrete clauses of the agreement will be made during the coming months, during the discussions on the official agreements, which in turn will open internal discussions between the members of each team.
This means that the doors of negotiation and pressure are still open. Real work awaits the president and the officials who will discuss the clauses of the agreements, technical and political work supposed to improve the conditions of negotiation.
It will be essential to exploit the vital interdependence between Tunisia and the EU and to lobby to convince the influencers of the Tunisian point of view, especially since, in the European camp, voices are being raised to express doubts about the interest of the agreement in question. It will also be necessary to unify the national and regional ranks in the Maghreb to strengthen our position vis-à-vis an EU composed of 27 states, in order to get the most out of this negotiation.
