Common Contracts

ASSOCIATION-CUM-INTEGRATION: THE EU-UKRAINE ASSOCIATION AGREEMENT AND ‘ASSOCIATION LAW’ AS AN INSTITUTION OF UKRAINE’S EUROPEAN INTEGRATION

January 26th, 2018

• Filed
  January 26th, 2018

Summary: In the Court of Justice’s case law, association agree- ments have been recognised as forming part of the communitarian legal system since the famous ‘Haegeman’ judgment in 1974. The new-generation association agreements concluded by the EU with its Eastern neighbour states explicitly offer a ‘stake in EU law’ as one of the incentives for neighbour states to adapt to the Union’s norma- tive transfer. Less pronounced are perspectives on ‘association law’ itself which derives from the respective association agreements, as a distinct normative order with its own regulatory content that can influence both the associated country’s legal system as well as the EU’s and its Member States’ legal orders. This article aims to address this gap in the literature by first defining and outlining the features of the EU ‘association law’ phenomenon; it then aims to provide an account of the legal nature, regulatory content as well as the legal in- stitutional and functional features of the EU-U