Ukraine’s compliance with the Copenhagen criteria for accession to the European Union

2021 ◽  
pp. 34-41
Author(s):  
Olesya Trahniuk ◽  
Maksym Vytvytsky ◽  
Konstantin Shpak
Keyword(s):  
European Union ◽  
Member State ◽  
European Integration ◽  
Positive Impact ◽  
Main Body ◽  
The European Union ◽  
Political Movement ◽  
Association Agreement ◽  
Daily Work ◽  
The Eu

Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state. European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union. Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others. The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union. Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union. And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented. Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well-established understanding of the direction of the political movement. Despite significant advances, national legislation also needs to be improved. After the entry into force of the Association Agreement between Ukraine and the EU, the development of integration processes has significantly intensified. The implementation of the planned reforms is undoubtedly able to bring our country's accession to the EU closer, which should add optimism and encourage daily work in this direction.

Legal policy of Ukraine in the conditions of integration into the European Union

2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Main Body ◽  
The European Union ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Legal Policy ◽  
The Status ◽  
The Eu

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

scholarly journals Integration of Republica Moldova to the EU: Real Conditions and Perspectives (the 1990ʼs of the 20th – early of the 21st century)

2018 ◽  
pp. 287-295
Author(s):  
Halyna Melnychuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Development ◽  
Cultural Integration ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Existing Problems ◽  
The Republic ◽  
The Eu

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict

scholarly journals An East‑West Divide in the European Union? The Visegrad Four States in Search of the Historical Self in National Discourses on European Integration

2018 ◽  
Vol 14 (2) ◽  
pp. 181-191
Author(s):  
Christopher Walsch
Keyword(s):  
European Union ◽  
Member State ◽  
Eastern Europe ◽  
European Integration ◽  
Western Europe ◽  
The European Union ◽  
National Discourses ◽  
The Individual ◽  
East West ◽  
The Eu

Abstract This article explores whether a new east‑west divide exists in the enlarged European Union by analysing national discourses on European integration in the Visegrad Four (V4) states. Two V4 foreign policy legacies form the basis of analysis: the “Return to Europe” discourse and the discourses around the reconstruction of the historical self. The article gives evidence that the V4 countries share sovereignty in external policies and thus have a distinct European orientation. V4 national‑conservative governments hold sovereigntist positions, however, in policy areas that they consider falling exclusively within the realm of the member state. Comparison with Western European member states gives evidence that the post-1945 paradigm changes were more profound than those of post-1989 ones of Eastern Europe. This historic legacy can explain the more integrationist orientations in Western Europe. The article concludes that behaviour of the individual V4 state seems to be of greater importance for each member than collective V4 group action. Finally, the article gives an outlook on ways in which solidarity between the Western and Eastern halves of the EU can be exercised in an ideologically diverging Union.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals DYNAMICS OF IMPLEMENTATION OF THE ASSOCIATION AGREEMENT BETWEEN UKRAINE AND THE EU: PROSPECTS AND NEW CHALLENGES

2020 ◽  
pp. 17-27
Author(s):  
I. Berezovska
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
Integration Policy ◽  
Association Agreement ◽  
The Rule Of Law ◽  
Main Challenge ◽  
The Eu

The entry into force of the Association Agreement with the European Union was a fateful event for the contemporary history of Ukraine. Currently, both components of the association: political one, which consists in spreading European values to Ukraine, and economic one, which involves Ukraine's integration into the EU internal market in exchange for legislation approximation, are without exaggeration fundamental factors for further development of Ukraine. The results of the previous years of the Association Agreement implementation testify to both significant achievements and a number of problems in Ukraine's fulfillment of its association with the EU “homework”. The article is devoted to the analysis of dynamics and the recent trends in the process of the Agreement implementation. As a result of the political changes that took place in Ukraine in 2019, including the election of a new president, parliament and government, European integration work on the implementation of the Association Agreement began in the new conditions. The improvement of the national institutional mechanism designed to ensure better coordination of work on the implementation of the Agreement between the competent authorities is among the positive trends in the process of its implementation. The fundamental legal principles and basic directions of work on Agreement updating are analyzed. It is proved that the prospect of updating has become an effective impetus to improve implementation processes. By initiating such an update, in order to strengthen its position in the negotiations with the EU, the Ukrainian side is forced to objectively assess the effectiveness of the Agreement implementation in certain areas and to intensify the completion of processes that are significantly behind. A new challenge in the process of implementing the Association Agreement was the emergence of the pandemic factor in 2020. The introduction of national quarantine and the incidence rate have significantly shifted priorities and affected European integration processes, both within Ukraine and at the EU level. At the same time, it was stressed that the situation to ensure the Rule of law, in particular, the fight against corruption is the main challenge not only to obligations fulfillment under the agreement, but also to the entire European integration policy of Ukraine. It is noted that the decision of the Constitutional Court of Ukraine to repeal a significant part of anti-corruption legislation threatens the further integration of Ukraine with the EU. It was stressed that the future of not only Ukraine but also the region as a whole depends on whether the Association Agreement with the European Union will continue to serve as a transformational force capable of overcoming the weakness of the Rule of law within the country.

Introduction

2020 ◽  
pp. 1-8
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
Member State ◽  
European Integration ◽  
The European Union ◽  
Decision To Leave ◽  
Recovery Plan ◽  
The Future ◽  
Shed Light ◽  
The Eu

This introductory chapter provides an overview of how the European Union has been affected by the United Kingdom’s decision to leave, and what this means for the future of European integration. The departure of a large, rich, and influential Member State must prompt a rethink of the EU constitutional settlement. Immediately after the Brexit referendum, the EU and its Member States started a debate on the future of Europe—and this process is now moving from rhetoric to reality with the institution of the Conference on the Future of Europe. The Conference on the Future of Europe can serve as an innovative means to reform the EU, tackling the transitional issues left by the UK’s withdrawal and addressing the more structural, substantive, and institutional weaknesses dramatically exposed by the plurality of other crises the EU has recently weathered. In fact, the Conference on the Future of Europe is made all the more urgent by Covid-19, and the exigencies of the EU post-pandemic recovery plan, which will entail important adjustments to the EU structure of powers and responsibilities. Ultimately, this book utilizes Brexit as a prism to shed light on the necessity and urgency of constitutional reforms in the EU.

scholarly journals Ukraine’s European Integration and Its Current Challenges

2021 ◽  
pp. 6-11
Author(s):  
Andriy Grіtsenko ◽  
Olena Borzenko (Slozko) ◽  
Tаtyana Burlay
Keyword(s):  
Economic Growth ◽  
European Integration ◽  
Financial Stability ◽  
Positive Impact ◽  
The European Union ◽  
Association Agreement ◽  
Global Context ◽  
Structural Distortions ◽  
Integration Project ◽  
The Eu

The article shows the importance of Ukraine’s development within the framework of the European integration project. A positive impact of European integration on Ukraine’s development dynamics has been revealed. European integration accelerated after signing and implementing the European Union-Ukraine Association Agreement 2014. The main achievements of Ukraine’s European integration are related to the improvement of its institutions, as well as the growth of trade between Ukraine and the EU. It is found out the most serious challenges of European integration of Ukraine are related to the problems of economic growth, deindustrialization, foreign trade structural distortions, macro-financial stability, as well as the slowdown in a convergence between Ukraine and the EU. It is stated that Ukraine needs to restructure its national economy in line with the European and global context.

scholarly journals Conceptual bases of the strategy of formation and implementation of state policy in the sphere of European integration of Ukraine

2020 ◽  
Vol 44 (1) ◽  
pp. 66-72
Author(s):  
Valeriі Rіeznikov
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
European Integration ◽  
State Policy ◽  
Policy Formulation ◽  
The State ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The newest policy of Ukraine should be to develop such state concepts, strategies and programs that would contribute to the European integration of the country, taking into account the current challenges of today. The purpose of the article is to define the conceptual foundations of the strategy of formation and implementation of state policy in the sphere of European integration of Ukraine in modern conditions. The conceptual framework of the national strategy for the European integration of Ukraine is a general concept of the country’s long-term actions, a certain model of the mission realization and achievement of long-term goals, which defines its development prospects, main directions and priorities of activity in the European integration sphere. Such a generalized European integration concept of Ukraine is reflected in the relevant state documents, laws and by-laws, and within the framework of the state strategy, strategies for development of various spheres, sectors and sectors of economy and public life are developed and implemented in accordance with the existing requirements, rules and regulations of the euro framework documents.A significant event in the European integration of Ukraine into the EU was the introduction of amendments to the Constitution of Ukraine (concerning the strategic course of the state for the acquisition of full membership of Ukraine in the European Union and in the Organization of the North Atlantic Treaty). In addition to the issues related to the implementation of the Association Agreement, further progress on the European integration of Ukraine should also take place in the following areas: associations with the Schengen area; accession to the EU customs union; accession to the EU Energy Union; the entry into force of the common aviation space; joining the digital market, etc.Integration with the EU is an important component of Ukraine’s foreign policy. However, conceptually, European integration should be seen first and foremost as a comprehensive domestic state policy aimed at introducing reforms and transformations that are necessary and important for Ukrainian society, and only then, as a component of foreign state policy, which depends largely on the political will of the EU on the pace and full integration with our country. Thus, the strategy of Ukraine’s integration into the European Union should ensure the country’s accession to the European political, legal, economic, informational and security space. Obtaining full EU membership in the medium term on this basis should become a major foreign policy priority of Ukraine’s policy formulation and implementation policy in the face of contemporary challenges of today.

scholarly journals The European Integration Challenges of Ukraine

2020 ◽  
Vol 10 (513) ◽  
pp. 14-21
Author(s):  
O. V. Kuklin ◽  
◽  
R. F. Pustoviit ◽  
M. Y. Kryvoruchko ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Foreign Trade ◽  
European Integration ◽  
The European Union ◽  
Association Agreement ◽  
Trade Relations ◽  
Eu Member States ◽  
High Level ◽  
The Impact ◽  
The Eu

The article is concerned with an analysis of Ukraine’s European integration challenges, which are considered from the position of the effectiveness of foreign trade, as well as in light of the institutional challenges of the European integration course. According to the results of research, both the dynamics and the structure of Ukraine’s foreign trade relations with the EU Member States, the CIS and Asia countries are analyzed. It is defined that the focus on the European Union market prevented domestic exporters from reaching the pre-crisis levels of 2013. The resource nature of the national exports to the EU is underlined. The high level of interdependence in the sphere of foreign trade relations with former partners of Ukraine in the CIS – the Russian Federation and Belarus, especially in the field of imports of fuel and energy resources, and export of nuclear reactors, boilers, machines, railway locomotives, products of inorganic chemistry, is emphasized. It is determined that Ukraine’s implementation of the Ukraine-EU Association Agreement is at a low level of 43%. The authors characterize the main tendencies in Europe as to the quality of life of the population on the basis of two indicators - the proportion of households that barely make ends meet (Bulgaria, Greece, Croatia, Cyprus, Portugal, Romania), and have unsatisfactory living conditions (Cyprus, Latvia, Hungary, Portugal, Slovenia) - the values of which are much higher compared to the average level in the EU. The general conclusion on the ambiguity of the issue of the effectiveness of the national economy’s orientedness toward the market of the European Union has been drawn. The need to take into account the multi-vector nature of the modern globalized world in the process of researching the impact of European integration on the economic development of Ukraine is reasoned.

Citizenship of the European Union

2020 ◽  
Author(s):  
Willem Maas
Keyword(s):  
European Union ◽  
Member State ◽  
European Integration ◽  
Political Agenda ◽  
The European Union ◽  
Sovereign State ◽  
European Elections ◽  
Official Languages ◽  
The Right ◽  
The Eu

Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.

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