Acquis of European Union and legal order of Ukraine

Viktor Muraviov

Abstract


Annotation. The article is devoted to the analysis of the concept and content of EU acquis as well as on its role in the legal regulation of the European integration and of the EU external relations. The content of acquis is characterized by stability and flexibility depending on whether it forms the basis for the legal order of the European Union or fixed in international agreements with the third countries thus transposing the EU law in their internal legal orders. The signing of the Association Agreement by Ukraine with the European Union and its member-states provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU acquis into the Ukrainian legal order have been created. The legal bases for the realization of the EU law in Ukraine is formed by the Constitution and national legislation of Ukraine. However, Ukraine is required to make some radical amendments in its legislation to insure the efficient realization of the Association Agreement in the internal legal order. The most important instrument of the realization EU acquis in the internal legal order of Ukraine is harmonization of legislation. In relations between the EU and Ukraine the compatibility of the Ukrainian legislation with EU law can be achieved at the level of international obligations and the level of EU obligations. Harmonization of Ukrainian legislation with that of the EU remains the most powerful legal instrument for the expansion of the acquis into the internal legal order of Ukraine.

Keywords: European Union, EU law, acquis, harmonization of legislation, association agreement, implementation, legal mechanism. 


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