Legal and Regulatory Approximation as a Resilience-Ensuring Instrument for Stabilization of the Ukrainian Legal System on the Road to Full Membership in the EU
摘要
Resilience is a concept addressing states’ reactions to external shocks. For Ukraine, stabilizing its legal system is one of the critical components of successful accession to the EU. The research focuses on the impacts of legislative and regulatory approximation for ensuring the resilience and stability of Ukraine’s legal system. The question of how the Ukrainian legal system will manage these two external pressures is vital from practical and theoretical perspectives. From a practical perspective, it is crucial to understand which features of the Ukrainian legal system will trigger progress in gaining access to the EU. From a theoretical perspective, the research question is what elements make the Ukrainian legal system resilient during wartime and what needs to be prioritized during the post-war recovery. Resilience is quite a new concept that has colonized policy-making and political agenda discourses worldwide, focusing predominantly on political and economic aspects. In contrast, the legal pattern remains largely not covered, or as Ruhl et al. (Multisystemic Resilience: Adaptation and Transformation in Changing Contexts, Oxford University Press, 2021) notice, legal theory has just started to conceptualize resilience to legal systems. This research will focus on the current state of Ukraine’s cooperation with the EU as part of the broader debate on ensuring stability and strengthening resilience in the region. The central hypothesis is that legislative and regulatory approximation is vital for ensuring the resilient resistance against Russia and stable progress on Ukraine’s road towards EU membership. The main tasks of the research are (1) to conceptualize Ukraine’s experiences in terms of the resilience debate and (2) to analyze Ukrainian practices for approximation in terms of ensuring the reform process and stability. The research results can also be used for policy development regarding EU-Ukraine relations for the EU and Ukrainian institutions. The methodology is based on desktop research, including the analysis of Ukrainian approximation practices at the level of relevant legislation, decisions of administrative bodies, and rulings of domestic constitutional and highest courts, as well as national doctrinal approaches to the peculiarities of the interaction between the domestic legal orders and the EU legal order.