The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area

A New Legal Instrument for EU Integration Without Membership

Series:

In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement can be considered a new legal instrument for ‘EU integration without membership’.

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Biographical Note

Guillaume Van der Loo, Ph.D. (2014), is a postdoctoral researcher at the Ghent European Law Institute (GELI) and researcher at the Europe in the World Unit of the Centre for European Policy Studies (CEPS). He has published on, inter alia, the legal framework of the EU’s neighbourhood relations and EU free trade agreements.

Table of contents

Tables
List of abbreviations
Acknowledgements
Foreword [By former EU Trade Commissioner Karel de Gucht]
Introduction
1. The EU-Ukraine AA and the Union’s neighbourhood relations: an introduction
2. Research objectives and (academic) relevance
Title I: Integration Agreements concluded by the EU: criteria and overview.
Chapter 1: ‘Integration agreements’ concluded by the EU: A useful but tricky legal concept
Chapter 2: The conditio sine qua non: the obligation to apply, implement or incorporate a predetermined selection of EU acquis
Chapter 3: Criteria to ensure the uniform interpretation and application of the EU law
3.1 Procedures to amend or update the incorporated acquis
3.2 Obligation for ECJ case-law conform interpretation of the incorporated acquis
3.3 Judicial mechanisms to ensure a uniform interpretation and application of the EU law
Chapter 4: Overview EU integration agreements
Title II: The EU and Ukraine: from Partnership and Cooperation towards Association
Chapter 1: Background of the EU-Ukraine AA: the PCA and ENP
1.1 The EU-Ukraine Partnership and Cooperation Agreement
1.2 The ENP and the EaP: the policy framework of the EU-Ukraine AA
Chapter 2: Legal and political hurdles towards the signing and conclusion of the EU-Ukraine AA
2.1 The long and winding road towards the signing and conclusion of the EU-Ukraine AA
2.2 The EU-Ukraine AA and the triangular EU-Ukraine-Russia relationship
Chapter 3: A legal analysis of the EU-Ukraine AA
3.1 The legal basis of the EU-Ukraine AA
3.2 The ‘integration without membership’ dimension of the preamble and objectives of the EU-Ukraine AA
3.3 The comprehensive character of the EU-Ukraine AA
3.4 Enhanced conditionality in the EU-Ukraine AA: Common values conditionality vs. market access conditionality
3.5 Concluding remarks
Title III: The EU-Ukraine DCFTA: a new legal instrument for integration into the EU Internal Market?
Chapter 1: The EU-Ukraine DCFTA: a “deep” and “comprehensive” FTA?
Chapter 2: The ‘traditional’ scope of the DCFTA: trade in goods and flanking measures
2.1 The scope and pace of elimination of customs duties
2.2 The EU’s autonomous trade preferences: unilateral implementation of the DCFTA tariff elimination
2.3 Export duties, trade remedies, rules of origin and the application of the DCFTA in Crimea
2.4 Comparison with the Moldova and Georgia DCFTAs
2.5 Concluding remarks
Chapter 3: The DCFTA: market access conditionality and mechanisms to ensure the uniform interpretation and application of the EU acquis
3.1 Technical Barriers to Trade
3.2 Sanitary and Phytosanitary measures
3.3 Establishment, Trade in Services and Electronic Commerce.
3.4 Public Procurement.
3.5 DCFTA chapters without market access conditionality
3.6 Economic and sector cooperation
Chapter 4: Horizontal DCFTA provisions and mechanisms
4.1 The DCFTA DSM
4.2 DCFTA dispute settlement procedures regarding legislative approximation: challenges for the autonomy of the EU legal order?
4.3 Horizontal provisions related to legislative approximation
Chapter 5: An assessment of the EU-Ukraine DCFTA
5.1 A legal instrument for gradual integration in the EU Internal Market?
5.2 An innovative EU trade agreement?
5.3 The EU-Ukraine DCFTA compared to the Moldova and Georgia DCFTAs
5.4 A (too) complex and costly agreement?
5.5 A blueprint for other EU ‘neighbourhood’ (integration) agreements?
Chapter 6: Sectoral integration agreements in the ENP: the Energy Community Treaty and the Common Aviation Area
6.1 The Energy Community Treaty
6.2 The (EU-Ukraine) Common Aviation Area Agreement
6.3 Sectoral integration into the EU Internal Market: the way ahead?
Final conclusion and outlook
1. Final conclusion
2. Outlook (1 July 2015)
Bibliography
Index

Readership

This book will be of interest to academics and practitioners of EU external relations law. Moreover, it will be useful for policy makers dealing with EU external policies, in particular with the EU’s neighbourhood relations.

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