One of the main conditions for assessing a country’s readiness for accession is the rule of law, as defined in Article 2 of the Treaty on European Union. Applicants for membership, including Ukraine, must demonstrate compliance with EU values and standards, especially in the area of the judiciary. The current enlargement methodology is well-structured, but its practical application to the Western Balkans has demonstrated the need for improvement in order to increase efficiency for both sides. Unlike the economic component of the accession process, which can be quantified, the assessment of the rule of law is very difficult due to its nature – this part is mostly regulated through state discretion and based on international standards. The Copenhagen criteria, established in the early 1990s, serve as a basis for EU accession, emphasising stable democratic institutions, a functioning market economy, and compliance with the acquis communautaire.
This study proposes to use the example of judicial reform to find a balance of flexibility and clarity to improve the effectiveness of Ukraine’s accession negotiations.
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Authors:
Dr. Marko Kmezic
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