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Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement - is there any room for further speculation?

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Поле Співвідношення
 
Title Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement - is there any room for further speculation?
 
Creator Petrov, Roman
 
Subject European law
direct effect
harmonisation
international agreements
EU-East-Central Europe
enlargement
treaty reform
co-decision procedure
institutions-unanimity-law
 
Description The paper conducts a critical analysis of the potential legal basis and scope of the future European Union (EU)-Ukraine enhanced agreement. Accepting that the most probable and most beneficial possibility for Ukraine is to conclude an association agreement with the EU on the basis of Article 310 EC Treaty (EC), it is argued that the objectives of the enhanced co-operation between the EU and Ukraine - as expected and desired by the Ukrainian political élite - could be achieved by a partnership agreement concluded on the basis of Article 181a EC. Furthermore, if the new enhanced EU-Ukraine agreement were concluded as a partnership agreement, it might be better suited for the solving of certain political and legal challenges in contemporary EU-Ukraine relations. First, a new enhanced agreement concluded on the basis of Article 181a EC would not entail unjustified political expectations - on the part of Ukraine - of obtaining the perspective of full EU-membership in the near future. Second, a future EU-Ukraine partnership agreement would be the best option for a “transitional” enhanced agreement before the Treaty of Lisbon enters into force. Third, a future partnership agreement between the EU and Ukraine will not undermine the fundamentals of the evolving strategic partnership between the EU and Russia.
 
Date 2010-05-05T09:58:19Z
2010-05-05T09:58:19Z
2008
 
Type Article
 
Identifier Petrov R. Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement. Is there any room for further speculation? / Roman Petrov // EUI Working Papers MWP. - 2008. - No. 17. - P. 1-25.
http://ekmair.ukma.edu.ua/handle/123456789/738
 
Language en
 
Relation EUI Working Paper MWP. - 2008. – Nr. 17
Europian University Institute
Max Weber Programme