scholarly journals Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement

2021 ◽  
pp. 1-26
Author(s):  
Roman Petrov ◽  
Oksana Holovko-Havrysheva
Keyword(s):  
Market Integration ◽  
Internal Market ◽  
Association Agreement ◽  
Trade Dispute ◽  
First Case ◽  
Institutional Cooperation ◽  
Bilateral Cooperation ◽  
High Degree ◽  
Institutional Mechanism ◽  
The Eu

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine’s market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed.

Dispute Settlement Mechanisms Provided by the Association Agreements Concluded By the European Union with Third Countries

2020 ◽  
Vol 27 (3) ◽  
pp. 63-79
Author(s):  
Kseniia Smyrnova
Keyword(s):  
Dispute Settlement ◽  
Main Task ◽  
The European Union ◽  
Association Agreement ◽  
Trade Dispute ◽  
First Case ◽  
Arbitration Procedure ◽  
Rules Of Procedure ◽  
The Eu ◽  
Dispute Settlement Mechanisms

International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an "arbitration clause". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood

scholarly journals Implementation of the EU Horizontal Policies in Ukraine in the Framework of the EU-Ukraine Association Agreement

2020 ◽  
Vol 2020 (57) ◽  
pp. 169-187
Author(s):  
Oksana Krayevska
Keyword(s):  
Policy Implementation ◽  
Association Agreement ◽  
Bilateral Cooperation ◽  
The Law ◽  
Common Policies ◽  
The Eu

The EU Horizontal Policies and their impact on the relations with third countries have been investigated based on the EU-Ukraine Association Agreement. The essence and role of the EU common policies and the place of horizontal policies within their structure are analysed here. Special attention is paid to the EU-Ukraine cooperation in the framework of the Association Agreement and responsibilities of Ukraine in the process of the law approximation and policy implementation followed by analyses of the achievements, challenges, and further perspectives for their bilateral cooperation in the conclusion.

Negative and Positive Integration in EU Economic Law: Between Strategic Denial and Cognitive Dissonance?

2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa
Keyword(s):  
European Union ◽  
Market Integration ◽  
Due Process ◽  
Political Process ◽  
Prima Facie ◽  
Internal Market ◽  
The European Union ◽  
Degree Of Control ◽  
The Creation ◽  
The Eu

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

scholarly journals Fifteen years of Poland’s membership of the European Union: Poland’s participation in the internal market for services

2020 ◽  
Vol 56 (1) ◽  
pp. 3-19
Author(s):  
Alina Szypulewska-Porczyńska ◽  
Magdalena Suska
Keyword(s):  
European Union ◽  
Market Integration ◽  
Internal Market ◽  
Trade Barriers ◽  
The European Union ◽  
Integration Process ◽  
Services Trade ◽  
Macroeconomic Factors ◽  
Limited Impact ◽  
The Eu

Abstract The purpose of this article is to examine the changes that have occurred after Poland’s integration into the European Union (EU) internal market for services after 2004 considering the legal changes adopted in the EU relating to the free movement of services, namely, the Service Directive. An examination of the Directive’s outcome and the development of the market integration process permit the conclusion that the changes in regulatory trade barriers have had a relatively limited impact on the changes that have occurred in EU–Polish ties concerning services trade. These were predominantly shaped by structural and macroeconomic factors. From an analysis of the structure of Poland’s services trade, a picture emerges of a deepening asymmetry between the exports and imports sides of Poland’s participation in the internal market.

scholarly journals ACCESSION TO THE EU – ADVANTAGES AND POTENTIAL RISKS

Bastina ◽  
2021 ◽  
Vol 31 (54) ◽  
Author(s):  
Dragana A. Barjaktarević
Keyword(s):  
European Union ◽  
Internal Market ◽  
Candidate Country ◽  
Legal Environment ◽  
The European Union ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Potential Risks ◽  
Basic Characteristics ◽  
The Eu

By signing the Stabilization and Association Agreement with the European Union on April 29, 2008, Serbia committed itself to harmonize its legislation with the aquis communautaire of the European Union. Perception of the basic characteristics of the European Union legal system and its understanding is important in the context of harmonization, i.e. in the context of the measures for the establishment of a common and internal market, as well as of a pre-accession strategy of a third country for the accession to this organization. Therefore, a candidate country is expected to create a favourable legal environment for the operation of local economic entities in the internal market. In order to succeed in that, it needs to harmonize its legislation with the acquis communautaire gradually, and first of all, it is necessary to be well familiar and have full understanding of the EU regulations which are expected to be transposed by a candidate country.

scholarly journals EU Internal Market Law and the Law of International Commercial Arbitration: Have the EU Chickens Come Home to Roost?

2020 ◽  
pp. 1-23
Author(s):  
Federico FERRETTI
Keyword(s):  
Market Integration ◽  
Internal Market ◽  
Legal Certainty ◽  
Commercial Arbitration ◽  
Current State ◽  
Efficient Delivery ◽  
Common Area ◽  
Market Needs ◽  
State Of Affairs ◽  
The Eu

Abstract EU Internal Market law and international arbitration increasingly interact with each other but there are important areas of conflict between the two that represent an obstacle to market integration in a common area of justice. The article examines, from the perspective of EU public economic law, these areas of conflict to assess the extent to which the Internal Market needs harmonised rules on commercial arbitration to support dispute resolution and access to an efficient delivery of justice within its operation. The current state of affairs is unsatisfactory and it lacks legal certainty. If properly regulated, commercial arbitration can become an important instrument functional to EU market efficiency.

Between Two Unions

2021 ◽  
pp. 86-106
Author(s):  
Michael Keating
Keyword(s):  
Northern Ireland ◽  
Market Integration ◽  
Internal Market ◽  
External Support ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

The devolution settlement of 1999 was introduced during UK membership of the European Union. The EU provided an external support system for it. Ideas of shared and divided sovereignty, on which the EU is (for many) based, complement similar interpretations of the United Kingdom as a union rather than a nation state. Like the UK, the EU has no fixed demos, telos, ethos or agreed locus of sovereignty; these are, rather, contested. The EU also provided for market integration through the internal market, obviating the need for internal market provisions in the devolution settlement. EU membership for both the UK and Ireland meant that the physical border could be dismantled. UK withdrawal from the EU therefore destabilizes the settlement, especially given the Remain majorities in Scotland and Northern Ireland. This has revived demands for Scottish independence and Irish reunification. There is a protocol allowing Northern Ireland to remain within the regulatory ambit of both the UK and the EU. A demand for similar provisions for Scotland was refused.

scholarly journals Judicial and Legal Reform as an Element of Implementation of the EU-Ukraine Association Agreement in the Field of Justice

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 103-112
Author(s):  
Mykhailo Mykiievych ◽  
Iryna Ivanochko
Keyword(s):  
European Integration ◽  
Legal Reform ◽  
Association Agreement ◽  
Distinctive Features ◽  
Institutional Mechanism ◽  
The Eu

The article considers distinctive features of the judicial and legal reform in Ukraine in the context of European integration processes, determines the key elements of the institutional mechanism in the implementation of the EU–Ukraine Association Agreement, outlines the main achievements and prospects in the reform of the judiciary in Ukraine.

DEVELOPMENT TRENDS AND PROSPECTS OF ECONOMIC AND TRADE COOPERATION BETWEEN CHINA AND UKRAINE

2018 ◽  
Vol 2018 (6) ◽  
pp. 3-12
Author(s):  
Zhang DONGYANG ◽  
Keyword(s):  
Free Trade ◽  
Bilateral Trade ◽  
The United States ◽  
Economic Cooperation ◽  
Free Trade Zone ◽  
Asia Pacific ◽  
Economic Downturn ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The status and prospects of development of trade and economic relations between Ukraine and China are considered. It is proved that bilateral cooperation in the trade and economic sphere has made significant progress. In 2012–2017, China was the second largest trading partner of Ukraine after Russia. However, the problem of imbalance in imports and exports between Ukraine and China has not yet been resolved. In addition, the scale and number of projects in which Ukraine attracts Chinese investment is much less than investments from European countries and the United States. It is justified that trade and economic cooperation between Ukraine and China is at a new historical stage. On the one hand, Ukraine signed the Association Agreement with the European Union, and on January 1, 2016, the rules of the free trade zone between Ukraine and the EU entered into force. This helps to accelerate the integration of Ukrainian economy into European one. On the other hand, the global economic downturn requires the introduction of innovations in the model of cooperation. The Chinese initiative “One belt is one way” is one of the variants of the innovation model of cooperation. Its significance is to unite the Asia-Pacific region with the EU in order to join the Eurasian Economic Union, create a new space and opportunities for development and achieve prosperity with the Eurasian countries. All this forms unprecedented opportunities for development of bilateral economic and trade relations. It seems that to fully open the potential of Ukrainian economy and expand bilateral trade and economic cooperation, it is necessary to take into account such proposals as the establishment of the Sino-Ukrainian industrial park, the promotion of cooperation in the field of electronic commerce, the formation of the Sino-Ukrainian free trade zone and enhanced interaction within multilateral mechanisms (for example, the Shanghai Cooperation Organization and the interaction of China and the countries of Central and Eastern Europe in the 16 + 1 format).

Las funciones del interregionalismo en la relación UE-CAN

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres
Keyword(s):  
European Union ◽  
Present Article ◽  
The Political ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Political Rationality ◽  
Article Analysis ◽  
Andean Community ◽  
The Eu

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.

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