The EU-Ukraine Association Agreement

An Enhanced Institutional Framework for Political Dialogue and Dispute Settlement

between Ukraine and the EU

Peter.VanElsuwege@UGent.be

Outline

• A multi-level institutional framework

• Political dialogue

• Dispute settlement procedures

Multi-level Institutional framework (I)

• EU-Ukraine summits (Art. 460)

•Annual meetings at highest political level to provide overall guidance and discuss issues of mutual interest

•Confirmation of existing practice

Multi-level Institutional framework (II)

• Association Council (Art. 461)•Regular meetings at ministerial level to supervise and

monitor the application and implementation of the agreement + discussing any major issues and issues of mutual concern

•Power to adopt legally binding decisions! (Art. 463 (1))•Forum for exchange of information on EU and Ukrainian

legislative acts – cf. legislative approximation! (Art. 463 (2))•Updating or amending annexes – cf. dynamic evolution of

EU law (Art. 463 (3))

Multi-level Institutional framework (III)

• Association Committee (Art. 464)

•Regular meetings at senior civil service level to assist the Association Council

•Power to adopt binding decisions, if delegated by the Association Council

•Special role for the Trade Committee and specialised sub-committees (e.g. on SPS, geographical indications, on trade and sustainable development etc.)

Multi-level Institutional framework (IV)

• Parliamentary Association Committee (Art. 467)

•Regular meetings at parliamentary level to exchange views and make recommendations to the Association Council

• Civil Society Platform (Art. 469)

•Regular meetings at civil society level to exchange views and make recommendations to the Association Council

•Civil society cooperation as integral part of EU-Ukraine relations (Arts. 443-445)

•Civil Society Forum on sustainable development (Art. 299)•Parties ‘shall encourage’ involvement of civil society in social and

cultural dialogue (Arts 421 and 438)

Political Dialogue• ‘gradual convergence on political and security

measures with the aim of Ukraine’s ever deeper involvement into the European security area’ (Art. 4)

•Including a number of specific aims, inter alia:•Strenghten cooperation and dialogue on international security and

crisis management•Foster practical cooperation to achieve peace, security and stability in

Europe•Promote principles of independence, sovereignty, territorial integrity

and inviolability of frontiers (‘good neighbourliness’)•Strenghten respect for democratic principles, rule of law and good

governance, human rights and fundamental freedoms […] and to contribute to consolidating domestic political reforms

Fora for political dialogue (Art. 5)

• EU-Ukraine summits and Association Council (Foreign Affairs ministers)

• At level of political directors, PSC, experts and high officials of military institutions

• Making use of all diplomatic and military channels in third countries, UN, OSCE and international fora

Clauses on political dialogue (I)

• On domestic reform (Art. 6)•‘common values’ (rule of law, human rights etc – Art. 14)

• On foreign and security policy (Art. 7)•Conflict prevention, crisis management and military-

technological cooperation (Art. 10)

• On regional stability (Art. 8)•Peaceful settlement of regional conflicts, ‘good

neighbourliness’

Clauses on political dialogue (II)

• On accession to the ICC (Art. 8)•Cf. Opinion Ukrainian Constitutional court of 11

July 2001 (N1-35/2001)

• On non-proliferation of WMD (Art. 11)• On disarmament, arms controls and fight

against illicit trafficing of arms (Art. 12)• On combating terrorism (Art. 13)

Dispute settlement (I)

• General provision (Art. 477)•Formal notification of other party and Association Council of

disputes concerning interpretation, implementation or good faith application of the AA

•Not for Trade issues! -> special mechanism (cf. infra)

•Consultations within Association Council, Association Committee and its sub-committees

•Binding decision of Association Council

•Right to take ‘appropriate measures’ if no solution after 3 months (unless violation of ‘essential elements’)

•‘appropriate measures’ does not affect rights and obligations under the trade chapter (unless violation of essential elements)

Dispute settlement (II)• On Trade and Trade-related matters

•Inspired by WTO DSM •Focus on consultations (Art. 305)•If unsuccesfull: arbitration procedure (Art. 306)

•Special conciliation procedure for urgent energy disputes (Art. 309)

•Compliance procedure (Art. 311 ff)

•Relation with WTO obligations (Art. 324)•DSP under AA without prejudice to any action in WTO framework

•BUT: no parallel actions!

•Mediation mechanism for measures dealing with the chapter on ‘national treatment and market access for goods’) (Art. 327)

Dispute settlement (III)

• On regulatory approximation (Art. 322)•Where a dispute arises concerning the interpretation of an

act of the EU institutions, the arbitration panel shall not decide the question but request the CJEU to give a ruling on the question. This ruling shall be binding on the arbitration tribunal.

•For disputes relating to the approximation obligations in the fields of technical barriers to trade, SPS, service, establishment, e-commerce and public procurement

Conclusions• Significant upgrade of institutional framework

•Possibility to adopt legally binding decisions and amend annexes creates more flexibility

• Enhanced political dialogue•International, regional and domestic political context

• Sophisticated dispute settlement mechanisms•Legally binding, focus on compliance and uniform

application