The EU-Ukraine Association Agreement: Assessment of an Innovative Legal Instrument (original) (raw)
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This article analyses the EU-Ukraine Association Agreement (EU-Ukraine AA). It argues that this new legal framework, which has the objective to establish a unique form of political association and economic integration, is characterized by three specific features: comprehensiveness, complexity and conditionality. After a brief background of the EU-Ukraine relations, the following aspects are scrutinized: legal basis and objectives, institutional framework and mechanisms of enhanced conditionality, and legislative approximation. In addition, constitutional challenges for the effective implementation of the EU-Ukraine AA are discussed. Based upon a comparison with other EU external agreements, it is demonstrated that the EU-Ukraine AA is an innovative legal instrument providing for a new type of integration without membership.
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This paper analyses the EU Association Agreement (AA) with Ukraine. It argues that this new legal framework, the objective of which is to establish a form of close political association and economic integration, is important for several reasons. First, the AA replaces the outdated Partnership and Cooperation Agreement and includes a comprehensive agenda for bilateral cooperation covering all areas of common interest. Second, it contains binding, rules-based provisions aiming at the export of EU rules and values. Third, the AA provides an ambitious agenda for Ukraine's political and economic reform.
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This chapter looks at the objectives, scope, implementation, and application of the EU-Ukraine Association Agreement (AA), which triggered unprecedented political, economic, and legal reforms in Ukraine. In particular, the paper focuses on the constitutional challenges that have arisen while the AA is being embedded within Ukraine's legal system. There are two issues which the chapter considers. The first is the effective implementation and application of the AA within the Ukrainian legal order in line with the "common values" and "market access" conditionality tools provided by the EU.
Admìnìstrativne pravo ì proces, 2019
The 2014 Association Agreement between the EU and Ukraine, which replaces the 1994 Partnership and Cooperation Agreement, may be considered the most important result of a cooperation developed since the beginning of 90's, first in the framework of the European Neighbourhood Policy, then of the Eastern Partnership. This paper analyses in an essential way the evolving relations between the EU and Ukraine, and the progress made by Ukraine in pursuing the objectives set forth in the Association Agreement. The Author considers the main features of the Agreement, and identifies and assesses the principal legal issues arising from its implementation. The Agreement is aimed at deepening political and economic relations between the EU and Ukraine, and to gradually integrate Ukraine into the EU internal market. It is the first of a new generation of EU agreements characterized by comprehensiveness, and democratic conditionality. It requires a broad and detailed work of approximation of the Ukrainian laws to the EU regulations. Reforms are foreseen in a number of key areas. Ukraine has been developing a complex strategy to reorient its legal system towards the EU. According to the 2018 Report on Implementation of the Association Agreement-prepared by the Government Office for Coordination of European and Euro-Atlantic Integration, and the Vice Prime Minister's Office for European and Euro-Atlantic Integration, based on the outcome of performance of the objectives scheduled for 2018, the Agreement was implemented by 52%. According to the Author, in evaluating the "results achieved" by Ukraine in the approximation of the national legislation to the EU legislation, it must be taken into account the challenging situation of the country. The Government and the Verkhovna Rada have been acting with the aim to pursue the overall objectives of the Association Agreement notwithstanding the difficult political and administrative situation following the events in Crimea, the Donbass conflict, the worsening of the relations with Russia until the termination of the Treaty of Friendship and the temporary adoption of the Martial Law. He highlights the efforts of the EU in financially supporting the process of reform in Ukraine, and of Ukraine towards constitutional and legislative reforms reinforcing the European choice. Ukraine has finally developed an ad hoc institutional framework, and new legislation, including amendments to the Constitution, for the implementation of the Association Agreement. Relevant progress has been made in various sectors of the cooperation, while in various others the actions taken are not yet effective. For example, in the sector of the rule of law,
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft, 2016
2 According to the survey (March 2014), the structural reforms particularly had priority among social expectations in Ukraine. The majority of respondents gave priority to measures of combating corruption (63%) and economic reform (61%); according to the 42% of respondents there was a need of army reforming (33%); 35% of respondents expected reforms in health care sector, 30%-in social protection, 28%-industry, 25%-in agriculture, 21%-the police (Source: Mechanism of Implementation of the Assosiation Agreement between Ukraine and the EU and development relevant state politics in particular areas (tax, banking) [Electronic resource].-Regime of eccess: http://evropa-kiev.org/75-mekhanizm-implementatsijiugodipro-asotsiatsiyu-mizh-ukrajinoyu-ta-es-i-rozrobka-vidpovidnikh-derzhavnikh-politik-v-okremikh-sferakh-podatkova-sfera-ta-bankivskijsektor. 3 Mykievych M. M, Tragniuk O. Y. International legal doctrine on the participation of Ukraine in international alliances / Legal Doctrine of Ukraine (in 5 volumes).-Volume 2-Public-legal doctrine of Ukraine. Ed. Y.P. Bytyak.-P. 696-731.
EU common Values in the EU-Ukraine association agreement: anchor to democracy
Baltic Journal of European Studies , 2018
abstract: This article analyses the Association Agreement (AA) between the EU and Ukraine. It argues that this agreement constitutes a new legal framework which has the objective to establish a unique form of political association and economic integration, characterised by three specific features: comprehensiveness, complexity and conditionality, and to promote EU values into the legal systems of Ukraine. The article studies substantive and procedural means of promotion and protection of EU values in the AA. The article scrutinises objectives, institutional framework and mechanisms of enhanced conditionality and legislative approximation in the AA. In addition, the means to protect EU values (the EU's response to security conflicts in Ukraine) are discussed.
Visnyk of the Lviv University. Series International Relations
This contribution deals with the legal and constitutional aspects of the implementation of the association agreements between the EU and Ukraine, Moldova and Georgia in a comparative perspective. It argues that the legal frameworks of the association agreements, which have the objectives to establish a unique form of political association and economic integration, are characterised by three specific features: comprehensiveness, complexity and conditionality.
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Baltic Journal of Economic Studies, 2019
The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal ...