How the EU–Ukraine Association Agreement and its Consequences Necessitated Adaptation and Drove Innovation in the EU

Abstract

AbstractGiven its depth and ambition, the Association Agreement (AA) concluded between the EU and Ukraine may have been expected to result in significant reverse influence on the EU. However, this article shows that this influence is indirect, arising from mechanisms and international processes brought into sharp relief by the AA. These are: the power asymmetry between the parties, politicization of the agreement and geo‐politicization as a form of contestation of the agreement in the geopolitical arena, stirred by Russia's grievances. The article argues that in responding to the asymmetry, politicization and geo‐politicization of the AA, the EU has been pushed to innovate to prevent the legal and political failure of the negotiated agreement. Innovation occurred at different levels: at institutional level to assist Ukraine's capacity to implement it, at constitutional level to ensure its ratification given politicization in the Netherlands, and at policy level to address Russia's geopolitical moves.