Europeanization Through EU External Agreements and the Issue of “Constitutional Identity”: The Case of the EU-Armenia CEPA

Abstract

Using the concept of “constitutional identity” as a theoretical basis, this article analyses the potential transformative influence of the EU-Armenia Comprehensive and Enhanced Partnership Agreement (CEPA) on the Armenian legal system. In particular, the author focuses on the Agreement’s capacity to stimulate the implementation of the EU’s “common values” and transpose the norms, general principles, and methodological approaches of EU law into the domestic legal order. It is argued that this potential depends on two elements of the “constitutional identity” of the Armenian legal order: its axiological core and its openness to external influences. KHVOROSTIANKINA, Anna. Europeanization Through EU External Agreements and the Issue of “Constitutional Identity”: The Case of the EU-Armenia CEPA. Kyiv-Mohyla Law and Politics Journal, № 4, p. 15–52, 2018. ISSN 2414-9942. Available at: . doi:http://dx.doi.org/10.18523/kmlpj153250.2018-4.15-52.

From principle to practice? The resilience–local ownership nexus in the EU Eastern Partnership policy

“…An important innovation compared to the previous generation of framework agreements (PCAs) is that human rights are included in "dialogue and cooperation on domestic reform" provisions. In addition to that, the "essential elements" clause (referring to human rights, fundamental freedoms and the rule of law) is linked to the "suspension" clause (Petrov, 2018;Khvorostiankina, 2018). This facilitates deep entrenchment of democratic and rule of law principles in the Association Agreements and CEPA, and demonstrates that principles of good governance are at the heart of bilateral cooperation.…”