The scientific-practical Law Journal
“Almanac of Law” Volume 14 (2023), 67-75 p
Michalak M., Śniadach O. The Obligation to Accept Aquis Communautaire: Some Thoughts on Ukraine’s Accession to the EU and value of the rule of law
This article examines the pressing issue of Ukraine’s potential accession to the European Union in the aftermath of Russia’s unlawful aggression against Ukraine in February 2022. The authors assert that the current context necessitates a comprehensive examination of the complexities involved in Ukraine’s path to EU membership, mainly focusing on the rule of law as a central and critical aspect. To provide a broader context, the article’s structure conditionally includes two sections. The initial section outlines the general criteria and conditions for EU membership, including the procedural aspects involved in the application process. This section also highlights the significance of transitional measures for aspiring member states like Ukraine. The subsequent section focuses on the specific rule of law requirements that Ukraine must fulfill.
The study emphasizes the need for necessary reforms and adjustments in Ukrainian legislation to meet EU standards, focusing on the effective functioning of independent and impartial judicial institutions. The authors believe that shedding light on these challenges will contribute to the ongoing discourse on Ukraine’s EU accession, fostering a deeper understanding of the interplay between legal harmonization and democratic governance. Overall, this article offers valuable insights into the complexities of Ukraine’s EU membership aspirations and underscores the importance of the rule of law as a central pillar in the integration process. By contributing to the body of knowledge on this multifaceted issue, the study seeks to aid Ukraine in fulfilling the requirements for EU membership while reinforcing the shared values and aspirations of the European community.
Key words: acquis communautaire, avis, the European Union, regulations, directives, join the EU, community law, implementation, the Accession Treaty, the rule of law, admission to the EU, judicial reform, EU standards, candidate countries.