Suchergebnisse

This paper provides an overview of some legal aspects of the EU-Georgia Association Agreement (AA) in the system of European Union law as an important foreign policy instrument for the regulation of bilateral relations. It outlines the history and mechanisms of the political and economic cooperation between the European Union and Georgia prior to the conclusion of the Association Agreement. The article also examines the implication of the AA for the process of European integration of Georgia and analyses some legal challenges and results of the implementation process. In addition, the Deep and Comprehensive Free Trade Area (DCFTA), which forms an integral part to the AA, is scrutinized as particularly significant forthe economic integration of Georgia in the EU and for the mutual liberalization of trade.

Association agreement between the EU and Georgia, unlike the prior similar agreements, takes into account very important mechanisms of real convergence with European Union, European legislation and standards. Association Agreement with the European Union does not imply affiliation, (ex. Turkey an association agreement was signed in 1960, but the country is still not an EU member). However, an Association Agreement with the EU legislation implies such a high level of convergence that the effective implementation of the Europeanization process is irreversible. In addition, the Association Agreement with the European Union is the real mechanism of political association and gradual economic integration. However, it should be understood that the agreement is contributing to a lot of things, many of which gives rise to liability. For the proper execution of agreement relevant levers like many aspects of Georgian economy, trade policy and legislation, which we will discuss in this paper, are required.

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.

The purpose was to substantiate the features and determine an effective strategy for Ukraine's Eurointegration. Used a theoretical analysis of reports on the fulfillment of the terms of the European Union (EU)–Ukraine Association Agreement (AA), we identified the problems and destructive factors of the European integration for Ukraine. The graph theory helped to prioritize these problems in the context of implementing the AA's tasks. Constructed neural models and elasticity coefficients provided a quantitative assessment of the adequate performance of strategic functions within the framework of the AA for Ukraine has been carried out. Priority of conduction tasks argued the importance of implementing a strategy of moderate adaptation for Ukraine to increase the positive effect of cooperation with the EU and sustainable development of the country

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the Council of the European Communities. for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; This paper refers to the agreement establishing an association between the European Economic Community and Malta ; N/A

The EU has concluded the Association Agreements (AAs) with Georgia, Moldova and Ukraine. These are very ambitious, complex and comprehensive legal treaties. The AAs have a dual purpose: to enable political cooperation and economic integration with the EU and promote modernization of the partner countries. The key instrument in achieving these goals is the 'export of the acquis': the partner countries have taken on extensive, binding commitments to adopt the vast sways of the acquis. In this paper, however, we argue that the transformative role of the acquis on its own have not been tested and hence should not be overstated ex ante. In our view, for the AAs to achieve their objectives, it is imperative to recognise this underlying challenge and develop strategies to address the fundamental 'commitment-capacity gap' in the partner countries. Against this backdrop, we investigate to what extent EU's strategy focuses on the narrowly defined legal approximation versus broader support for strengthening state capacity. In the empirical part of the paper we examine specific measures adopted to close the 'commitment-capacity' gap of the partner country. Our analyses indicate that only in the case of Ukraine have some deliberate, pro-active adaptations taken place. The dramatic events of 2014 and Russia's punitive measures against Ukraine prompted the EU to provide more tailored and flexible assistance to ensure support for institutional reforms, as a precondition for legal approximation. In Moldova, the EU has confronted the fundamental weakness of the state only as a result of the 2014 banking scandal. In Georgia, it seems that the EU is conducting 'business as usual', although there is some early evidence that it has started to take into account the developmental needs of the partner country. The limited appreciation of the challenges and resulting adaptions so far has implications in terms of the implementation of the AA and, more importantly, the actual transformative power of the EU in the Eastern neighbourhood.

The first attempt to secure an association agreement between the European Union (EU) and the Mercosur ended unsuccessfully in October 2004. In 2010, the EU launched a second attempt to reach an association agreement with Mercosur. This second attempt to secure an association agreement presented new obstacles, including: the current economic crisis; the accession of ten new member state countries; the restrictions Argentina has imposed on EU exports; the lack of progress made in terms of developing Mercosur into an integrated political-economic.This paper argues that the association agreement can more accurately be explained as being the result of Spain and Portugal particular interest, and the use of among other actions the "momentum" created by the Spanish presidency of the EU.

Autor reprezentuje opinię, że do czasu rewolucji w Kijowie (Euromajdan) na przełomie 2013/2014 r. Niemcy nie interesowali się Ukrainą. Próby zacieśnienia kontaktów z Kijowem blokowane były przez Moskwę. System oligarchiczny panujący w tym kraju zniechęcał również UE do podejmowania wobec Kijowa daleko idących zobowiązań. Dopiero po zajęciu Krymu przez Rosję Niemcy się uaktywnili i dzięki ich pomocy doszło do zawarcia przez Unię Europejską umowy stowarzyszeniowej z Ukrainą. ; The author represents the opinion that before the revolution in Kiev (Euromaidan) at the turn of 2013/2014 Germany had not been interested in Ukraine. Attempts to establish closer contacts with Kiev were blocked by Moscow. The oligarchic system prevailing in the country discouraged the EU from making solemn commitments to Kiev. It was only after the Russian occupation of Crimea that Germany became more active, and with its help the association agreement between the European Union and Ukraine was concluded.

The Republic of Albania is committed to respect the general principles of democracy and fundamental human rights of the Universal Declaration of Human Rights, the European Convention on Human Rights, and itself commits to promote cooperation and good neighbourhood relations with countries of the region, through signing a number of bilateral and multilateral agreements. In the framework of interaction and intensification of relations with the European Union, in view of democratization and transformation of the Albanian society, in accordance with European values and principles, it signed a Stabilisation and Association Agreement which clearly determined purposes and priorities that will be kept in mind by the Albanian state on its path towards the European Union. This paper aims to present the approach of the Albanian environmental legislation with EU environmental law framework to identify to what extent this legislation is approximate. The results achieved are that Albania still needs to do more in the process of harmonization of legislation with European legislation and its implementation. Overall, preparations in the field of environment are at an early stage, highlighting the shortcomings of administrative capacity and funds.

This paper examines the prospects and feasibility of using the Association Agreement between Ukraine and the EU as a roadmap for reorienting the Ukrainian brown economy toward a green economy, making use of green financial instruments in the process. The first chapter is dedicated to the concept of green financial policy as well as its main fiscal and market instruments. The second chapter explores in detail the state of climate-related affairs in Ukraine, the country's commitments to numerous international environmental agreements as well as the role of the EU Association Agreement and its place in the Ukrainian economic context. The third chapter considers the political, economic and social measures required to establish a green financial policy. Our central findings are as follows: (1) Although Ukraine has been making progress towards a green financial policy in recent years, there is no doubt that the country needs technical and financial assistance from its European partners. The Association Agreement between Ukraine and the countries of the European Union provides an essential basis for building a green economy in Ukraine. (2) Despite efforts to mobilise internal green financial resources, the Ukrainian Government is struggling with what has already been achieved and is at a crossroads in moving in a different direction. For this reason, local and even non-governmental organisations in Ukraine today have often a greater direct influence on the process of building a green economy than the government itself. Two promising examples of Ukrainian companies seeking a green reputation are the Ukrainian Green Bank (Ukrgasbank) and the large energy company DTEK.

The recent Association Agreement signed between the European Union and Central American countries contains important intellectual property provisions. Some of these provisions have been inserted in the treaty to meet Central American states' needs, especially with reference to technology transfer issues, the protection of public health and the protection of genetic resources and traditional knowledge.

Summary: In the Court of Justice's case law, association agreements have been recognised as forming part of the communitarian legal system since the famous 'Haegeman' judgment in 1974. The new-generation association agreements concluded by the EU with its Eastern neighbour states explicitly offer a 'stake in EU law' as one of the incentives for neighbour states to adapt to the Union's normative transfer. Less pronounced are perspectives on 'association law' itself which derives from the respective association agreements, as a distinct normative order with its own regulatory content that can influence both the associated country's legal system as well as the EU's and its Member States' legal orders. This article aims to address this gap in the literature by first defining and outlining the features of the EU 'association law' phenomenon; it then aims to provide an account of the legal nature, regulatory content as well as the legal institutional and functional features of the EU-Ukraine 'association law' derived primarily from the Association Agreement between the European Union, its Member States and Ukraine, which entered in force on 1 September 2017, as well as the burgeoning secondary association law, including joint-institutional acts. In what follows, the article will discuss the notion of EU 'association law' in the context of the European Neighbourhood Policy and the so-called 'new-generation association agreements'. It will then outline the teleological nature and instrumental logic of the EU-Ukraine 'association law' as an institution of integration, just as it will also disentangle the many layers of the institution of 'association law' – from participatory to instrumental and integration-oriented association modalities.

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.

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine's market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed. ; У цій статті досліджено вплив практик забезпечення стійкості у процесі імплементації Угоди про Асоціацію між Україною та ЄС (УАЄС). Також у ній проаналізовано основні законодавчі та інституційні інструменти, які спрямовані на посилення стійкості при інтеграції ринку України із ЄС. Два приклади представлено у цьому дослідженні: у першому випадку йдеться про переговори між Україною та ЄС про укладення Угоди про оцінку та прийнятність промислової продукції (АСАА); у другому — про спір між Україною та ЄС щодо заборони експорту лісу-кругляка. У обох випадках інституції ЄС та Україна засвідчують високий рівень гнучкості задля досягнення високого ступеня взаємодії з Спільним ринком ЄС. У випадку України інституційний механізм Угоди про Асоціацію часто не використовується як форум для ефективного обговорення і пошуку рішень для нагальних проблем порядку денного двосторонньої співпраці. Відтак, надалі існуєпотреба в узгодженій, прозорій та ефективній структурі інституційної співпраці між Україною та ЄС.

The historical political relations that identified a cooperating and solidary European Union, a European Union willing to help generate political changes towards a Central America that was living through moments of crisis due to the armed internal conflicts and structural problems, are turned at present to complex relations where the big financial and economic interests of big transnational capital is the priority. It is within this frame that the negotiation process for an Association Agreement between two regions absolutely asymmetric in terms of growth, development and commercial capacity is developing. This study examines the relations of dependency between the European Union and Central America within the frame of the Association Agreement currently under negotiation. In particular, this work makes a political, critical and chronological analysis of the relations between Central America and the European Union, from the past to the current process of negotiation of the Association Agreement; a process that it is about to conclude in the middle of 2010. It implements a hypothetic deductive method and a documented analysis combined with qualitative research methods. The study suggests that the conditions of dependency that have characterized the relations between both regions will deepen and that the signing of the Association Agreement will validate the postulates of the Dependency theory within the discipline of International Relations theory. Although this analysis is not intended to generate new ideas or approaches to Dependency theory, it will certainly open avenues for future works in regards to the impact that such Agreements represent for Central America and their relations with the developed world. Asiasanat:Central America, European Union, Free Trade, Association Agreement, Dependency Theory, Cooperation, Political Dialogue, Commerce