This paper argues that the Association Agreement (AA) between the EU and the Ukraine that includes the establishment of a Deep and Comprehensive Free Trade Area (DCFTA) is a prominent example of EU External Governance as it is an unprecedented, innovative legal instrument that will lead to the adoption of a large part of EU laws into Ukrainian national law. The paper hypothesised that the mode of this External Governance relation is rather hierarchical than network- or market-based.
The AA with Ukraine served as a template for similar agreements with Moldova and Georgia and replaces the outdated Partnership and Cooperation Agreements (PCA) with these countries. It recently shifted into the focus of the public in the light of the dramatic events in the Ukraine, starting with the unexpected refusal to sign the Agreement by Ukraine´s former President Yanukovych in the late 2013. As such alone, it attracts the interest of scholars of International Relations and European Foreign Policy already. Furthermore, it is of significance to the EU itself. Former President of the European Council Van Rompuy had called it “the most advanced agreement of its kind ever negotiated by the European Union”. Therefore, analysing this Agreement more in detail is crucial to understanding new EU external policies towards its neighbours.
After an explanatory introduction to the notion of External Governance as a theoretical basis, the paper will try to assess the EU-Ukraine Association Agreement more in-depth. After a short overview over the genesis of the Agreement over the last years, the paper will briefly address the internal legal basis and competencies within the EU with regard to the Agreement. Concluding this empirical chapter, this paper will point out the most important innovative legal aspects of the EU-Ukraine Agreement. These will be of relevance for the final part of this paper in which the main hypothesis − that with the Agreement, the EU is setting rules beyond its borders as part of its External Governance in a hierarchical way − will be assessed. In the concluding section, the findings of the paper will be summarized.
Table of Contents
1.Introduction
2.The External Governance Approach
3.The EU-Ukraine Association Agreement
3.1.Genesis of the Agreement
3.2.EU legal basis and competencies
3.3.The Association Agreement – an innovative legal instrument
4.The EU Association Agreement with Ukraine – a hierarchical mode of EU External Governance?
5.Conclusion
Objectives and Topics
This paper examines the EU-Ukraine Association Agreement (AA) through the lens of the "External Governance Approach." It investigates whether the Agreement functions as a hierarchical instrument of EU rule transfer, given the extensive legislative approximation and conditionality imposed on Ukraine despite its non-member status.
- Theoretical analysis of External Governance modes (hierarchy, networks, markets).
- Empirical overview of the genesis and legal framework of the EU-Ukraine AA.
- Assessment of innovative legal aspects, including conditionality and monitoring mechanisms.
- Evaluation of the hierarchical nature of the relationship between the EU and Ukraine.
- Discussion on the implications of rule transfer beyond EU borders.
Excerpt from the Book
3.3. The Association Agreement – an innovative legal instrument
The paper will now proceed to assessing the innovative elements and provisions of the AA, especially from a legal perspective. First of all, it is noteworthy that, whereas the bilateral relations in the framework of the ENP and the Eastern Partnership were based on soft-law instruments like Action Plans, the AA will constitute a legally binding contract between the EU and Ukraine (Van der Loo, Can Elsuwege and Petrov, 2014, p.3). Additionally, several academics like Van der Loo, Elsuwege, Petrov, Muraviov and others have assessed the Agreement from a legal perspective and came to the conclusion that the Association Agreement constitutes a new, unprecedented way of integration and harmonization of legislation.
The authors Van der Loo et al. argue that the Agreement concluded with Ukraine is unique and an innovative legal instrument with regard to its comprehensiveness, its complexity and its conditionality (ibid., p.2). These three elements will be explained below.
Summary of Chapters
1.Introduction: Outlines the context of EU enlargement fatigue and introduces the research hypothesis that the EU-Ukraine Association Agreement functions as a hierarchical mode of External Governance.
2.The External Governance Approach: Defines the theoretical framework of External Governance, categorizing it into hierarchy, networks, and markets based on Lavenex et al.
3.The EU-Ukraine Association Agreement: Provides a historical and legal overview of the agreement's genesis, the EU's internal competencies, and its innovative legal characteristics.
4.The EU Association Agreement with Ukraine – a hierarchical mode of EU External Governance?: Tests the paper's hypothesis by analyzing whether the agreement's strict conditionality and one-sided harmonization constitute a hierarchical relationship.
5.Conclusion: Summarizes findings and confirms that the Association Agreement represents a hierarchical mode of External Governance that facilitates extensive rule transfer to Ukraine.
Keywords
EU-Ukraine Association Agreement, External Governance, European Neighbourhood Policy, Conditionality, Legislative Approximation, Acquis Communautaire, Hierarchical Governance, Trade Policy, Integration without Membership, Rule Transfer, DCFTA, EU Foreign Policy, Legal Harmonization.
Frequently Asked Questions
What is the fundamental focus of this research?
The paper focuses on the legal and political nature of the Association Agreement (AA) between the European Union and Ukraine, specifically analyzing how the EU extends its influence to a non-member country.
What are the central themes of the work?
The core themes include the concept of External Governance, the role of conditionality in EU foreign policy, legislative approximation of national laws to EU standards, and the classification of EU trade agreements.
What is the primary research hypothesis?
The paper hypothesizes that the Association Agreement with Ukraine operates as a hierarchical mode of External Governance, where the EU exerts asymmetric influence over a third country.
Which scientific methodology is applied?
The author employs a theoretical framework based on Lavenex et al. to conduct an empirical and qualitative analysis of legal documents, institutional relations, and academic assessments regarding the EU-Ukraine AA.
What topics are covered in the main section?
The main section covers the genesis of the agreement, the legal basis of EU competencies, the innovative nature of the AA compared to previous soft-law instruments, and a critical analysis of the hierarchical relationship between the contracting parties.
Which keywords define this work?
Key terms include External Governance, Association Agreement, legislative approximation, hierarchical mode, EU acquis, and conditionality.
How does this agreement differ from previous EU agreements?
Unlike previous agreements that relied on soft-law instruments or limited trade concessions, the current AA is a legally binding contract that mandates extensive, compulsory legislative alignment across nearly all policy areas.
Why is the "monitoring mechanism" considered significant?
The monitoring mechanism, involving the Association Council and on-the-spot missions, is viewed as an indicator of a hierarchical relationship because it subjects Ukraine's internal progress to EU-led assessment as a prerequisite for market access.
- Citar trabajo
- Josephine Witt (Autor), 2015, The EU-Ukraine Association Agreement. An Innovative Instrument of Hierarchical External Governance by the EU?, Múnich, GRIN Verlag, https://www.grin.com/document/321401
