Original scientific paper
ASSOCIATION-CUM-INTEGRATION: THE EU-UKRAINE ASSOCIATION AGREEMENT AND ‘ASSOCIATION LAW’ AS AN INSTITUTION OF UKRAINE’S EUROPEAN INTEGRATION
Andriy Tyushka
; College of Europe (Natolin Campus)
Abstract
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.
Keywords
Hrčak ID:
193058
URI
Publication date:
31.12.2017.
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