The Mercosur and European Union relationship: an analysis on the incorporation of the Association Agreement in Mercosur
This article analyses the Mercosur–European Union Association Agreement (AA) from a non-European perspective. It covers the Mercosur normative system, more specifically the part that deals with the incorporation of international laws and treaties into the regional legal system. First, it seeks to explain the nuances behind the announcement made by the States Parties to the AA in June 2019, seeking to contextualise the time frame for the development of the negotiations and the subsequent signing of the AA. Next, two important aspects for the effectiveness of the agreement are analysed: the procedure for incorporating the rules adopted by Mercosur Members, with reference to the provisions currently in force and applicable to Mercosur Members as a result of the agreements signed by them; and the difficulties associated with the procedure. Finally, the pillars on which the negotiations were initially conducted are discussed, with special attention to political dialogue, trade and cooperation, and the sustainable development considerations that are present in the AA. By adopting a non-European perspective, this article presents the issues related to Mercosur’s internal normative system for the incorporation of international norms and regulations, that is, the agreement itself, and the procedure for its entry into force and possible obstacles to its implementation. It is concluded that, despite all the efforts made to finalise the negotiations, there is a clear and indisputable uncertainty regarding the effective application of the agreement.
- Research Article
1
- 10.31558/2519-2949.2019.4.16
- Jan 1, 2019
- Політичне життя
Ukraine–European Union Association Agreement defined a new, unique form of cooperation between parties. This very important document had shown the importance not only for Ukraine’s aspiration to become a part of the European Community, but also demonstrated readiness of the EU to accept Ukraine as a state that is a part Europe. The process of signing the Association Agreement was not easy and ended successfully only from the second attempt. Signature and ratification of the Association Agreement was delayed by a number of events: Ukraine’s rejection to sign the Agreement in Vilnius (2013), the Maidan revolution events, escalation of the situation in Crimea and Donbass, Presidential elections, and Nederland’s referendum. As of today, the Agreement is considered to be the biggest normative legal act in history of the EU and Ukraine. Most experts are analyzing The Association Agreement from the economic point of view. Indeed, economic part is one of the major parts of this document. However, its realization on the ground is impossible without political cooperation. This article focuses on the political part of the Agreement. The purpose of this paper is to explore the story of the Association Agreements between the EU and other states. The article defines the unique features of the Ukraine–EU Association Agreement, analyses changes during implementation, threats and prospects for further Agreement implementation. We conclude that there are internal and external reasons for complications in Agreement implementation. For Ukraine this Agreement is not only about standards, principals and values, but also about international standing and ability to prove strangeness in the geopolitical arena. Implementation of the Agreement is a huge step for the «European future». But, we need to understand that such changes should be carefully weighted. Ukraine must save sovereignty, independence and an ability to defend its interests.
- Research Article
- 10.2139/ssrn.2236698
- Mar 22, 2013
- SSRN Electronic Journal
The paper examines European perspective of the Serbia. Serbian approach to the membership of the EU has been passed through several phases. The first phase comprised the period after democratic changes which happened in Serbia (Oct. 5th, 2000) and establishing economic and diplomatic relations of Federal Republic of Yugoslavia (FRY) with European Union by visit of that time president of FRY to European Council (Oct. 2000). Serbia and European Union entered a new phase (the second phase) with the adoption of the “Thessaloniki Agenda for the Western Balkans” which affirmed the European perspective of the Western Balkan countries. Basis of Serbia – European Union relations and cooperation is defined in “European Partnership for the Republic of Serbia’s”, an instrument with which moving towards European Integration by which it was foreseen so called European Partnership. The third phase comprises the period from the date of signing the Stabilization and Association Agreement between Serbia and European Union (May, 2008) shortly before election held in Serbia in May. Immediately after its signing the Agreement was set out of force until the conditions of total cooperation of Serbia with the Hague Tribunal are to be fulfilled The fourth phase - current phase, has challenged with global world financial and economic crises which could delay enlargement of the European Union with new countries.
- Research Article
1
- 10.36074/grail-of-science.04.08.2023.014
- Aug 15, 2023
- Grail of Science
This article delves into the impact of the European Union (EU) Association Agreement on Ukraine's financial services market regulation. The study examines how the harmonization of Ukrainian legislation with EU norms has shaped the financial services sector's development and integration into the European economic area. Research Objectives: The main objectives of this research are to analyze the extent to which Ukrainian legislation aligns with the acquis EU in the financial services domain and to identify the challenges and opportunities arising from this process. Additionally, the study aims to assess the implications of the EU Association Agreement on Ukraine's financial market stability, transparency, and regulatory oversight. Methodology: To achieve the research objectives, a comprehensive review of relevant literature, EU directives, and regulatory acts concerning financial services was conducted. The study also analyzed official documents related to Ukraine's adaptation to EU norms and the implementation of the Association Agreement. Furthermore, expert opinions and insights from prominent scholars in the field were considered to gain a deeper understanding of the subject. Findings: The analysis reveals that the EU Association Agreement has played a pivotal role in shaping Ukraine's financial services market regulation. The step-by-step adaptation of Ukrainian legislation to the acquis EU has fostered a more unified legal environment for market participants in both Ukraine and EU countries. Notably, the transfer of regulatory functions for the non-banking financial services market to the National Bank of Ukraine has enhanced overall financial stability and brought Ukraine's financial practices in line with international standards. However, certain limitations and restrictions in the cross-border provision of services persist, presenting challenges to fair competition and market access. Despite these hurdles, the successful implementation of the Comprehensive Program for the Development of the Financial Sector until 2020 has contributed to resolving economic issues and restoring macroeconomic stability in Ukraine. As Ukraine continues on its path towards deeper integration with the EU, ongoing efforts and reforms in the financial services market are essential to align with EU norms, foster cooperation, and attract more investments.
- Research Article
- 10.51895/vss7/kublashvili
- Apr 18, 2024
- VECTORS OF SOCIAL SCIENCES
European integration is a supranational form of cooperation based and developed on the foundation of broad consensus of the states. Europeanization of law with European interpretation is a demonstrative process of convergence of national and supranational legal systems in the space of European integration, which is not only a nebulous political act, but a more binding and legal definition. The Association Agreement (AA) signed between the European Union and Georgia on June 27, 2014, expresses absolute respect for the sovereignty, and territorial integrity of the internationally recognized borders of the Georgia. European association is a foreign and domestic policy priority declared by the Georgian people. The instrument for the implementation of this policy is the association agreement and legal approximation. The opportunity of complex transformation within the framework of the Association Agreement is a great advantage for present and future generations. From the historical perspective, the full and successful implementation of the legal reforms determined by the association agenda is a normative prerequisite for the European Union which provides a unique opportunity for Europeanization of the country. The association agreement envisages the gradual convergence of the national legislation of Georgia with the legal acts of the European Union and international legal regulations. One of the areas of legal approximation is public procurement, which falls under the exclusive jurisdiction of the European Union. The Europeanization of state procurement, as the declared political will of the Georgian state, requires the transposition of European legal experience into national law. In accordance with the association agreement, the public procurement law of Georgia should be adapted to the public procurement law of the European Union (gradual approximation). In order to ensure the fulfillment of the obligations defined by the agreement and the convergence of the state procurement legislation with the EU directives, Georgia adopted the Law of Georgia “On Public Procurement” adjusted to the European public procurement law. With the implementation of the Law of Georgia “On Public Procurement”, the currently valid regulation of the Law of Georgia “On State Procurement” is declared invalid and the European public law is adopted into the national law. Keywords: Association Agreement, Public Procurement, Disputes Centre, Sanctioning of Contractor
- Research Article
13
- 10.54648/leie2003003
- Apr 1, 2003
- Legal Issues of Economic Integration
The objective of this paper is to elaborate current and capital provisions in the European Union Association Agreements with the Mediterranean countries and their compatibility with the EC Treaty and the international multilateral agreements. These provisions can be classified into two categories. The first has fully liberalised current payments and demanded the progressive liberalisation of capital movement. The second has liberalised capital movements and demanded the progressive liberalisation of current payments. Accordingly, the outcome of this classification is that the Association Agreements, firstly, could not promote the liberalisation of current payments and capital movements in the Mediterranean countries. Secondly, they lag behind the virtual free movement of capital and payments among the parties. Finally, they could not recognise the relationship between current/capital transactions and the IMF, GATS and GATT.
- Research Article
1
- 10.54648/euro2015013
- May 1, 2015
- European Public Law
Association agreements between the EU and third countries have become one of the most recognisable brands of the EU external policy. In particular, this relates to the countries of the EU’s eastern neighbourhood (Ukraine, Moldova and Georgia) which have either already signed association agreements with the EU (Ukraine), or are about to do so in the near future. The new generation of the EU association agreements (AAs) with the EU’s eastern neighbours will substitute outdated partnership and association agreements which were concluded in 1994-1998.The solemn signature of the AAs between the EU and Ukraine, Moldova and Georgia took place the EU Summit in Brussels on 27 June 2014 which followed by ratifications by national parliaments in Moldova, Georgia and Ukraine.Entering into force of the AAs will inevitably lead to the consideration of the legal effect and impact of these agreements on the legal systems of Ukraine, Moldova and Georgia. Yet there is no straightforward clarification of these issues because the AAs are going to be very first framework international agreements in the modern history of Ukraine, Moldova and Georgia which imply their deep and far reaching integration into the legal order of supranational international organisation.Taking the above as a starting point, the aim of this paper is to analyse what constitutional challenges will arise before Ukraine, Moldova and Georgia in the course of implementation of the AAs into their legal systems. The paper focuses on two major challenges to this intricate process. The first challenge is how to ensure effective implementation and application of the AAs within the Ukrainian, Moldovan and Georgian legal orders. The second challenge is how to solve potential conflicts between the AAs and the Constitutions of Ukraine, Moldova and Georgia.
- Research Article
- 10.30970/vir.2015.36-2.0.364
- Jan 1, 2015
- Visnyk of the Lviv University. Series International Relations
PECULIARITIES OF THE RATIFICATION AND IMPLEMENTATION OF THE EU-UKRAINE ASSOCIATION AGREMENT
- Research Article
3
- 10.1515/bjes-2015-0005
- Feb 1, 2015
- Baltic Journal of European Studies
Against the context of the evolution of the European Union's association agreements as transformative tools beyond the organizational boundaries, this article seeks to develop an account for understanding legislative and regulatory approximation mechanisms as the essential elements for the exercise of the Union's normative and regulatory impact. It therefore distinguishes between both concepts and provides a legal and political science explorations of what the legislative and regulatory approximations are, and what are their substantial rationale and procedural features in the context of ‘gradualist’ convergence approach enshrined in the EU-Ukraine Association Agreement.
- Book Chapter
- 10.1163/9789004265257_005
- Jan 1, 2014
This chapter breaks down the various association agreements and cooperation frameworks that are of relevance for individuals in that they stipulate rules on the status and/or movement of persons. It examines the reasons for which the European Union (EU) has concluded such agreements and frameworks with third countries. However, the chapter investigates how such frameworks, providing for preferential treatment for third-country nationals holding a certain nationality, relate to and mesh with the principle of non-discrimination on grounds of nationality that forms the cornerstone of the EU integration process. It lists and explains the association agreements and cooperation mechanisms. Association, cooperation and partnership agreements are legally binding for all contracting parties, whereas umbrella frameworks such as the ENP and the Euro-Mediterranean Partnership allow for policy collaboration on a more flexible basis. Exclusively the agreements concluded with the EEA, Switzerland and Turkey contain general non-discrimination clauses that prohibit discrimination based on nationality.Keywords: association agreements; cooperation agreements; EEA; Euro-Mediterranean Partnership; European Union (EU); partnership agreements; Switzerland; third-country nationals; Turkey
- Research Article
- 10.33990/2070-4038.27.2021.239233
- Jun 9, 2021
- Democratic governance
Problem setting. The article considers smart managerial approaches to solving the problem of revitalization and sustainable development of Ukrainian cities after the COVID-19 pandemic. It is emphasized that the threats of post-coronavirus crisis have created significant barriers. At the same time, the crisis effects highlighted the weaknesses of the managerial system in cities and showed the existing imbalances. These observations objectified the task of revising strategic guidelines and vectors for the development of policies for sustainable local development. Recent research and publications analysis. Much has been done by Ukrainian scholars and practitioners to enrich theoretical developments in this area. In particular, the issues of sustainable development were widely studied in the works of M. Afanasyev, O. Bobrovska, Z. Varnaliy, I. Vakhovych, M. Butko, Z. Gerasimchuk, T. Krushelnytska, T. Mamatova, S. Mocherny, I. Chikarenko and many others scientists. Studies are devoted to the methodological substantiation of the principles of sustainable development, rationalization of management, greening of anthropogenic activities and environmental investments. The contribution of the authors to the solution of this problem could not be underestimated, but the presence of a wide range of problems in the practical plane objectivised the further research. Highlighting previously unsettled parts of the general problem. The search for the vectors of green development of the Ukrainian cities should be directed towards the implementation of the assignments of the Ukraine’s Association Agreement with EU, as well as other framework documents that will determine Ukraine's transition to the sustainable development principles. One of the fundamental documents that define the strategic approach to managing such development at the national and local levels is the European Green Deal. This highlights previously unsettled parts of the general problem of urban sustainable development. Paper main body. It is determined that for Ukraine this course could be seen as a roadmap of measures that should turn it by 2050 into an efficient, sustainable state with a competitive economy, identify ways to transform it into a climate-neutral territory of Europe, where self-sufficiency will improve the health and quality of citizens’ lives, and through the smartization of the management system, the transformation of climate and environmental challenges into opportunities in various fields, guaranteeing a fair and inclusive "green transition". The article considers modern approaches to the management for the sustainable development of Ukrainian cities through the prism of strategic priorities of the European Green Deal. It is determined that the modernization of managerial approaches for sustainable development of cities under the influence of Ukraine's adoption of the European Green Deal involves the development of city councils’ action plan for landscaping almost all spheres of urban life to achieve climate neutrality and natural balance. Following the tasks of the European Green Deal will enable Ukrainian cities to take advantage of a number of opportunities, including financial instruments to support the local economy and the development of civic institutions. Conclusions of the research and prospects for further studies. It is concluded that the priorities of the urban management, in particular, for industrial cities, should be the following: abandonment of fossil fuels and diversification of urban economy; adaptation to climate change through landscaping of all its spheres, including energy, agricultural policy, industrial policy, biodiversity, zero pollution, sustainable mobility, finance, trade; energy efficiency and application of energy saving technologies, modernization of infrastructure and buildings; transition to renewable energy sources, decarbonisation of the energy system; achieving zero pollution of air, water and soil; solving the problem of waste recycling and the transition to a circular economy and sustainable industrial policy; ensuring sustainable mobility; restoration and conservation of natural biodiversity; focusing on sustainable nutrition. It is proved that the initiation and deepening of work on solving these conceptual problems by the cities of Ukraine, first of all, industrial, will ensure its European integration, which should not be a goal but a consequence of modernization of the managerial system at all levels.
- Research Article
- 10.25140/2410-9576-2017-1-4(12)-110-114
- Jan 1, 2017
- SCIENTIFIC BULLETIN OF POLISSIA
Urgency of the research. The declared European choice of Ukraine was marked by the signing of the Association Agreement, which initiated a new stage in development of the cooperation between Ukraine and the EU. Target setting. The success of socio-economic reforms in Ukraine largely depends on the implementation of the Association Agreement, which should become a key priority of the state policy of our country. Actual scientific researches and issues analysis. The study of issues related to the Ukraine-European union association agreement is made in the works by I. Burakovskyi, V. Heyts, V. Savchenko, O. Shnyrkov and others. Uninvestigated parts of general matters defining. Despite the available scientific works, the question of the peculiarities of implementation of the Ukraine-European union association agreement provisions in the fields of economic and trade cooperation remains insufficiently studied. The research objective. The article is aimed at conducting an analysis of the general status of implementation of the economic and trade parts of the Ukraine-European union association agreement and justifying the ways of its provision. The statement of basic materials. The article defines the main elements of the economic and trade components of the Ukraine-European union association agreement. The general status of the implementation of the Ukraine-European union association agreement in the areas defined in Title V “Economic and Sector Cooperation” is analyzed. The opportunities opened for Ukraine by the Association Agreement and free trade with the EU are systematized. New challenges and risks that may arise in implementing its provisions are identified. The ways of ensuring the implementation of the Agreement are substantiated. Conclusions. The result of the study is the proposed ways to accelerate the implementation of the Association Agreement. Only in case of the practical fulfilment of all the components of the Association Agreement, Ukraine is able to get significant benefits from the integration with the EU.
- Research Article
- 10.52507/2345-1106.2025-2.04
- Nov 1, 2025
- Vector European
The sustainable dimension of international trade regulations reflects the transformation of global trade from an instrument of economic liberalization into a means of promoting sustainable development. Modern trade agreements include standards on environmental protection, labor rights and social equity, in line with the Paris Agreement and the 2030 Agenda. The European Union is a relevant example by integrating sustainability principles into its trade agreements (CETA, JEFTA, DCFTA), demonstrating that economic development can be compatible with environmental protection. However, there are tensions between liberalization and environmental objectives, especially for developing countries, which sometimes perceive high standards as trade barriers. For the Republic of Moldova, the Association Agreement and DCFTA constitute an essential framework for integrating the sustainable dimension into trade policy, through the harmonization of legislation and the promotion of the green economy. Thus, sustainable development has become a structural component of international trade regulations, ensuring that economic globalization serves not only economic growth, but also environmental protection and social equity.
- Research Article
- 10.15869/itobiad.805415
- Mar 30, 2021
- İnsan ve Toplum Bilimleri Araştırmaları Dergisi
This paper examines the background of the economic and political ties between Algeria and the European Union (EU) and the tools that the EU uses. The EU-Algeria economic and political history is quite important to analyse as it is founded on important historical and colonial aspects with France, which is one of the founder countries of the EU. Within this context, the relations of Algeria with the EU have not been easy and have even been turbulent from time to time. EU’s cooperation with Algeria are five folded: The ‘Association Agreement’, the ‘Euro-Mediterranean Partnership’, ‘EU Neighbourhood Policy’, ‘Union for the Mediterranean’ and the ‘EU-Algeria Free Trade Agreement’. This study explores the tools used by the EU to forge a deeper and wider cooperation with Algeria and assesses the bilateral trade and investment status and the current political and economic problems. Our paper explores current and new cooperation opportunities, analyses trade and investment statistics, uses literature review with primary and secondary researches. EU reports and international documents are evaluated from a commercial and political perspective. Politically, we can say that the EU is longing for more cooperation from Algeria, especially on migration and security issues. Economically, we can say that the FTA is currently benefitting more the EU than Algeria’ because Algerian foreign trade balance is in deficit, the country imports more than it exports. Regarding foreign direct investments, we find economic engagement of not only European but also American investments in Algeria, especially regarding oil and gas exploring and production activities. We finally conclude our study with the recommendation of shifting towards a wider variety of economic activities for Algeria, so that it can obtain a more sustainable and balanced economic revenues
- Research Article
9
- 10.1080/13547869908724671
- Jan 1, 1999
- Journal of the Asia Pacific Economy
The European Union (EU) has established a highly differentiated set of external relations including trade policy, development cooperation, political dialogue and security questions. By linking the economic and political dimensions, the EU tries to be more than just an economic actor in international relations. Cooperation with third countries is based on values and criteria like human rights, democracy and the rule of law (conditionality) and a political dialogue. The problem, however, is whether the coherence of the EU's external relations is strong enough and whether the mixture of economic and political tools can be applied effectively. Looking at the empirical evidence doubts remain that they can. The imbalance between the economic and political dimension is closely linked to the divergence between the first (EC) and second (CFSP) pillar of the Treaty on European Union, between EU institutions, between the supranational and member state level, and between the member states. With regard to the EU's Asia policy the influence of these divergencies can be seen, most prominently, in the dialogue about human rights or sanctions. The paper argues that the different qualities of the economic and political dimension of EU external relations are the result of a structural coherence dilemma. It describes how the EU's relations towards Asian countries are affected. The conclusion explains why major changes towards a coherent and common Asia policy should not be expected.
- Research Article
- 10.37772/2309-9275-2025-1(24)-7
- Jan 1, 2025
- Law and innovative society
The article addresses current issues concerning the regulatory framework governing the activities of investment funds in the context of sustainable and innovative development of the energy system. The provisions of the draft Law of Ukraine «On Investment Funds» (Reg. No. 13246 dated 01.05.2025) are analyzed, and the necessity of its improvement is identified, taking into account the dynamic development of the digital economy, financial technologies, as well as Ukraine’s integration commitments within the implementation of EU legal acts. The need to regulate provisions related to grants in the activities of investment funds is emphasized, as this corresponds to the goals of effectively implementing public-private partnerships; to the principles of sustainable development enshrined in EU documents and the Association Agreement with Ukraine; and to the practices of leading jurisdictions in the field of impact asset management. The importance of including provisions in Ukrainian legislation that would promote the establishment of fiscal or other economic incentives for individual Ukrainian citizens to participate in collective investment institutions has been established. The current absence of such provisions is a significant gap. As a result of the conducted research, it is stated that under modern conditions, forming a strategic vision for the development of investment funds is essential, and this vision should be aligned with the priorities of economic development. It is noted that given the active transformation of the investment market under the influence of digital technologies and decentralized capital raising models, fundamental changes to investment legislation are needed to improve and optimize the activities of investment funds, including in order to ensure the sustainable development of innovative energy in Ukraine.
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