|
The legal approximation to the norms of the European Union is one of the most important components of the European choice of Ukraine as well as any state at the way of European integration. This process is the basis of the all three pillars of the European Union (the European Communities; Common Foreign and Security Policy; Justice and Home Affairs) and is obligatory for candidates on the accession in accordance with the Copenhagen criteria which ascertained states should be able to accept all membership commitments, i.e. requirements of the political, economic and monetary union. Though Ukraine has not joined this group of states, establishing of the free trade zone with the European Communities, which will be, without exaggeration, beneficial for both sides, could not be negotiated without meeting the requirements of the World Trade Organisation and harmonising of Ukrainian legislation to the acquis of the EU.
In Partnership and Cooperation Agreement of 1994 Ukraine has committed to approximate its legislation in 16 key sectors. This is only part of the whole spectrum of approximation candidate states have to pass through. In order to carry out these obligations Ukraine had adopted several legal acts. In 2004 the Verkhovna Rada adopted the Law of Ukraine “On National Programme of Approximation of the Ukrainian Legislation to the Legislation of the European Union” for fulfilment of which the Cabinet of Ministers approves annual action plans.
Along with that the wide spectrum of measures connected to the process of legal approximation of Ukraine presented in the national programmes on European integration and EU – Ukraine Action Plan of 2005, which seriously enlarged the key areas of approximation. However the lack of coordination between National Programme and other normative acts is felt. The selection of legal approximation component from the EU – Ukraine Action Plan and other national programmes on European integration is an important task of the Ukrainian administration.
To the process of legal approximation in Ukraine are engaged central bodies of executive power and the Verkhovna Rada of Ukraine. The coordination of these activities is entrusted to the Coordination Council for Approximation of the Ukrainian Legislation to the Legislation of the European Union under the presidency of the Prime-Minister of Ukraine. Assessment of the state of harmonization of the legal acts to the acquis of the EU is in the cognizance of the Ministry of Justice of Ukraine, namely of the State Department for Legal Approximation.
It is worth stressing that Ukraine is leader among the countries under European Neighbourhood Policy in approximation of its legislation to the legislation of the European Union. And just in Ukraine the European Union has initiated special project (for the first time in the ENP states), which is devoted exclusively to the process of approximation of the national legislation and its monitoring. Such are the main challenges the Ukrainian-European Policy and Legal Advice Centre faces now.
|