Harmonization of the European Integration Legislation (UA0105)

The European integration vector chosen by Ukraine requires comprehensive harmonization of its European integration legislation to ensure the qualitative and thorough preparation for EU membership and full adoption of the European Union acquis. This affects Ukraine’s acquisition of the status of an EU membership candidate country since the relevant resolution of the European Parliament states that an enhanced and structured political dialog between the European Commission and the EU Council on one side and the candidate country on the other side should be conducted, among other things, with a view to legislation harmonization. Therefore, harmonizing the national legislation with the EU legislation (EU Acquis) is an essential condition for the success of the negotiation process on Ukraine's accession to the EU. In the context of the expected opening of a large-scale negotiation process between Ukraine and the EU, which will cover bringing various spheres of economic, legal, and social life in Ukraine into compliance with EU requirements and standards, there is a need to develop and adopt a strategic document that will cover the key milestones of the adaptation of Ukraine’s legislation to the legislation of the European Union (EU Acquis) and will become a kind of road map for reforming the legislative field as part of Ukraine's progression to EU membership. Based on the experience of EU member states and other EU candidate states, the format of such a strategic document is the National Program for the Adaptation of Ukrainian Legislation to the EU Acquis (hereinafter - the Program). The implementation of the Program involves the establishment of strategic tasks according to the EU accession criteria (Copenhagen criteria of 1993, Madrid criteria of 1995) and 33 negotiation chapters in accordance with the analytical report on the European Commission’s opinion regarding Ukraine's application for membership in the European Union. The strategic tasks of the Program will be aimed at improving the rule-making activities of state authorities, introducing a unified system of planning, coordination, and control of the efforts to implement the EU Acquis, formulating negotiating positions for Ukraine's accession to the EU, and conducting such negotiations. The specification of the strategic tasks of the program will take place through the approval of an appropriate plan of action, which will involve the adoption of new legislative acts or amendments to existing legislation to implement specific acts of the EU Acquis (regulations, directives, etc.). The government will annually audit the implementation of the action plan and make appropriate changes to it as needed. Given the need to adapt the legislation in many areas and the involvement of the executive and legislative branches of government and the public in this process, the best way to approve the Program is to adopt a relevant law of Ukraine. Resolution No. 189 of the Cabinet of Ministers of Ukraine "On the Approval of the Procedure for the Initial Assessment of the Implementation Status of the EU Acquis Acts" (Ofitsiinyi Visnyk Ukrainy [The Official Bulletin of Ukraine], 2023, No. 28, art. 1558) defines the procedure and requirements for ministries, other central bodies of executive power, and state authorities to conduct the initial assessment of the implementation status of the legislative acts of the European Union (EU Acquis) to make a comprehensive comparative analysis of the legislation of Ukraine and the laws of the European Union (EU Acquis) to identify any inconsistencies that need to be eradicated before the beginning and during the negotiation process on Ukraine's accession to the EU. This will ensure a gradual and coordinated model of adaptation of the national legislation to the European Union (EU) acquis, agreed upon with key stakeholders (state and local self-government authorities, civil society institutions, and international partners) to prepare Ukraine for EU accession. The involvement of international technical assistance projects and strategic advisors will continue to be an important factor in the success of this model. Adopting the Program and its action plan will signal to the EU that Ukraine's intentions to join the EU are systematic through its readiness for legal approximation and compliance with EU standards. Implementing the Program will significantly reform most areas of the national legal framework and facilitate Ukraine's integration into the EU.

Steps | Responsible agency | Completion time/period | Delivery indication

1. Development, with public participation, of the Law of Ukraine "On the National Program of Adaptation of Ukrainian Legislation to the EU Acquis" | Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine Government Office for the Coordination of European and Euro-Atlantic Integration | December 2023 | The draft Law of Ukraine "On the National Program of Adaptation of Ukrainian Legislation to the EU Acquis" has been submitted to the Verkhovna Rada of Ukraine

2. Development, with public participation, of the order of the Cabinet of Ministers of Ukraine "On the Approval of the Plan of Action to Implementation of the National Program of Adaptation of Ukrainian Legislation to the EU Acquis" | Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine Government Office for the Coordination of European and Euro-Atlantic Integration | February — March 2024 | The order of the Cabinet of Ministers of Ukraine "On the Approval of the Plan of Action to Implementation of the National Program of Adaptation of Ukrainian Legislation to the EU Acquis” has been adopted