The aim of this article is to discuss the position of common values in defining the EU's identity by using the European Neighbourhood Policy (ENP) as an example. It is argued that the notion 'common values' is used by the EU institutions as both a universal and as an EU concept, which highlights the abstract nature of these values. This abstraction is also reflected in the way in which Russia has recently aimed to develop its own set of values which could be adopted by its neighbouring countries. The abstraction of values means that, in practice, their meaning in the context of ENP is decided by the EuropeanCommission through the implementation of Action Plans. The central position given to the promotion of common values requires that the ENP be reformulated so as to guarantee a stronger degree of participation of the neighbouring countries in the formulation and implementation of the ENP objectives.
This paper analyses the EU-Ukraine Association Agreement (AA). It argues that this new legal framework, which has the objective to establish a unique form of political association and economic integration, is characterised by three specific features: comprehensiveness, complexity and conditionality. After a brief background of the EU-Ukraine relations, the following aspects are scrutinised: 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 AA is an innovative legal instrument providing for a new type of integration without membership.
Abstract. This article explores the role of the EU as a global actor in international relations and a promoter of its own standards and values abroad. In particular, this article studies selected substantive and procedural means of exporting the acquis communautaire into the legal systems of third countries. It is argued that the substantive means refer to the fundamental ways of implementing the acquis into third country legal orders. The procedural means relate to specific technical/procedural tools which either directly or indirectly encourage the implementation of the acquis into third country legal orders. The article concludes that these substantive and procedural means are not uniformly applicable, but are rather exercised in accordance with the specific objectives of EU external agreements. Analysis of the selected EU external agreements illustrates that their objectives unquestionably constitute a driving force behind understanding the role and mechanism of the substantive and procedural means of exporting the acquis communautaire.
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.
The aim of this article is to look at the phenomenon of Europeanization of judiciaries of third countries through the prism of EU external policy. It is argued that external factors (objectives of EU external policies, EU soft law, EU technical and financial assistance, favourable interpretation of EU law by the ECJ towards third country nationals) play important role in persuading third country judiciaries to apply the EU acquis in their judgments. The similar pattern can be envisaged with regard to Russia and Ukraine. Case study shows that EU policies towards these countries led to generally favourable attitude towards applying the EU acquis by Russian and Ukrainian courts, though mainly as a persuasive source of law. However, problems linked to effectiveness, independence and fight with corruption hinder further Europeanization of judiciaries in Russia and Ukraine.
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