Pluralism and Europeanisation of Administrative Law: The Role of Association Agreements
In: Unity in pluralism: Europe's underestimated strength, CBPE, Warsaw (2022)
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In: Unity in pluralism: Europe's underestimated strength, CBPE, Warsaw (2022)
SSRN
In: European journal of international law, Band 14, Heft 3, S. 591-611
ISSN: 1464-3596
In: European journal of international law, Band 14, Heft 3, S. 591-611
ISSN: 0938-5428
World Affairs Online
In: Review of Central and East European Law, Band 39
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Working paper
In: European Policy Centre Policy Brief, 23 April 2014
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Working paper
In: Journal of civil society, Band 20, Heft 1, S. 57-73
ISSN: 1744-8697
In: The Middle East journal, Band 53, Heft 1, S. 59-74
ISSN: 0026-3141
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.
BASE
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.
In: Working Papers, No. 16
World Affairs Online
In: DGAP kompakt, Band 10
On June 27, Georgia will sign an Association Agreement with the EU - the same type of agreement that triggered revolution and crisis in Ukraine. Despite all efforts to reduce its dependency on Russia, Georgia remains in a vulnerable position. Russian pressure is to be expected, either in the run-up to the signing or in its aftermath, while Georgia will stay in the EU's antechamber, without security guarantees from NATO. In view of Russian attempts to exert influence and a possible rise of Euroskepticism within Georgia, the EU's challenge is to keep the country on the European track.
In: UFZ discussion papers 2019, 6
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.
In: Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement", (7) Kyiv-Mohyla Law and Politics Journal (2021) 1-26.
SSRN
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.
BASE
In: Kyiv-Mohyla law and politics journal, Heft 7, S. 1-26
ISSN: 2414-9942
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.