%0 Journal Article
%T ASSOCIATION-CUM-INTEGRATION: THE EU-UKRAINE ASSOCIATION AGREEMENT AND ¡®ASSOCIATION LAW¡¯ AS AN INSTITUTION OF UKRAINE¡¯S EUROPEAN INTEGRATION
%A Tyushka
%A Andriy
%J -
%D 2017
%X Sa£¿etak In the Court of Justice¡¯s case law, association agreements 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 normative 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 institutional and functional features of the EU-Ukraine ¡®association law¡¯ derived primarily from the Association Agreement between the European Union, its Member States and Ukraine, which entered in force on 1 September 2017, as well as the burgeoning secondary association law, including joint-institutional acts. In what follows, the article will discuss the notion of EU ¡®association law¡¯ in the context of the European Neighbourhood Policy and the so-called ¡®new-generation association agreements¡¯. It will then outline the teleological nature and instrumental logic of the EU-Ukraine ¡®association law¡¯ as an institution of integration, just as it will also disentangle the many layers of the institution of ¡®association law¡¯ ¨C from participatory to instrumental and integration-oriented association modalities
%U https://hrcak.srce.hr/index.php?show=clanak&id_clanak_jezik=284879