Features of the Association Agreement between the EU and Ukraine. Forms of integration into the EU internal market. Comprehensive program for the adaptation of sectoral laws and regulations of Ukraine to approximate access to the European market.

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Taras Shevchenko National University of Kyiv

Institute of International Relations,

Chair of Comparative and European Law

Europeanization as a factor of Ukrainian legal order transformation

Smyrnova К., Doctor of Law, Professor,

The process of Europeanization is an incremental process reorienting the direction and shape of politics to the degree that EU political and economic dynamics become part of the organizational logic of national politics and policy-making [1]. Using the legal instrument of concluding external agreements between EU & third countries we can assume the spreading of obligations of acquis implementation in third countries legal orders.

On 1 Sep 2017 the Association Agreement (AA) [2], including its Free and Comprehensive Free Trade Area (AA/DCFTA), between the European Union (EU) and Ukraine entered into force, carrying the potential for closer integration between Ukraine and the EU. Implementation started during the phase of 3 years of provisional application (Nov 2014 and for the DCFTA part Jan 2016). This agreement is one of the most comprehensive and ambitious one the EU has signed with a third country. It is a link to overall reforms process in the country and presents concrete roadmaps for reforms: for modernization, prosperity, security and advancing UA goal of even closer relations with EU.

The EU-Ukraine Association Agreement is characterized by certain evolutionary traits that differentiate it significantly from other agreements in EU practice. The complexity of the scope of the AA and its legal nature as a mixed treaty in the EU legal order, together with the far-reaching consequences for the EU and Ukraine legal systems under international law, can be argued for the alleged complexity and complexity of its application and implementation.

The first element is the innovative feature of the Association Agreement with Ukraine concerning the numerous legislative provisions related to market access approximation. A distinctive feature of the EU-Ukraine FTA is a comprehensive program for adapting Ukraine's sectoral legislative and regulatory acts (transport, energy, services, agriculture, etc.) to the relevant EU standards. This allows to a large extent eliminate non-tariff (technical) barriers to trade between Ukraine and the EU and provide increased access to the EU internal market for Ukrainian exporters and vice versa - European exporters to the Ukrainian market.

Another unique element of the trade side of the Association Agreement with Ukraine is the unprecedented forms of "integration" into the EU internal market in services / establishment and public procurement. These provisions provide that legal entities of Ukraine are treated in the same way as legal entities of EU Member States (Articles 88, 148 EU-Ukraine AA) on the basis of the principle of national treatment.

EU-Ukraine AA belongs to the selected group of “integration-oriented agreements”, i. e., agreements including principles, concepts and provisions of EU law that are to be interpreted and applied as if the third State is part of the EU [3].

Taking into account the wide range of issues governed by the EU-Ukraine Association Agreement, its provisions will affect almost all the spheres of Ukrainian society. Most importantly, this Agreement will provide the outer framework for implanting the European standards and for urgent internal systemic reforms in Ukraine. There should be a thorough and systematic approach to the implementation mechanism of the most ambitious bilateral international treaty in Ukraine's history.

An analysis of the provisions on a deep and comprehensive free trade area also shows that this trade agreement is an extremely complex legal instrument. Its complex nature lies not only in its overarching scope, but in its various mechanisms of conditionality in access to markets and in its diversified legal terminology in the area of legislative approximation.

Deepening economic integration in the EU leads to the extension of the principles of fundamental freedoms of the internal market to third countries, in particular to Ukraine, which is traced to the standards of the Association Agreement, which provides for a prospective accession to the EU internal market, provided that the requirements for bringing the legislation of Ukraine into conformity with EU law are fulfilled.

Comparing the current Association Agreement with Ukraine with analogue acts signed by the EU with other countries, it can be said that this is a `fourth generation agreement'. It is the first of a new generation of Association Agreements between the EU and countries of the Eastern Partnership that covers a deep and comprehensive free trade area (DCFTA). Considering further on the `deep' and `comprehensive' character of the FTA, it can be concluded that the EU-Ukraine DCFTA is the first of a new generation of FTAs concluded by the EU which will, once in force, gradually and partially integrate the economy of Ukraine into the EU Internal Market. Its integration into the Internal Market will take place, however, only under the condition that Ukraine approximates its legislation to the EU acquis. legal association ukraine european market

On the other hand, the `deep' character of the DCFTA refers also to Ukraine's commitment to approximate its legislation to the acquis in order to achieve its economic integration with the EU Internal Market. The DCFTA contains numerous legislative approximation clauses according to which Ukraine must approximate its domestic legislation or standards to the EU acquis. Title IV of the Association Agreement shows that the EU-Ukraine AA not only covers traditional FTA areas, such as market access for goods, but also includes public procurement, IPR, competition, energy, etc.

Furthermore, the AA is founded on a strict conditionality approach, which links the third country's performance and the deepening of its integration with the EU. For example, the preamble to the EU-Ukraine AA explicitly states that “political association and economic integration of Ukraine within the European Union will depend on progress in the implementation of the current agreement as well as “Ukraine's track record in ensuring respect for common values, and progress in achieving convergence with the EU in political, economic and legal areas”.

Thus, at the present stage of modernization of Ukraine shall be carried out taking into account the chosen path towards European integration. Ukraine faces a task to complete the reform of public governance, taking into account European standards and recommendations expressed by Western experts and the governing bodies of the EU. The overall progress in legal harmonization in the framework of the AA implementation is improved and the speed of the legislative process at all stages is accelerated.

Harmonization is a process of convergence towards the principles of another legal system, through which they undergo convergence. Thus, attention is paid not only to the material content of the rules is taken, but the complex nature of its enforcement practice. In this respect, a crucial importance of the Court of the European Union, which interprets and explains the features of the implementation of European Union law.

References

1. Ladrech, R. (1994), `Europeanization of Domestic Politics and Institutions: The Case of France', Journal of Common Market Studies, 32:1, 69-88

2. Association Agreement between the European Union and its Member States, of the one part, and Ukraine of the other part (OJ, 2014, L 161).

3. Marc Maresceau (2013), “Les accords d'intйgration dans les relations de proximitй de l'Union europйenne,” in Les frontiиres de l'Union europйenne, ed. Claude Blumann, Bruxelles: Bruylant, 151-92.

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