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Füle warns Ukraine not to ruin its EU hopes

Published 22 September 2011 - Updated 28 September 2011
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Štefan Füle, the EU Commissioner for Enlargement and Neighbourhood Policy, said yesterday (21 September) that there were "no limits" to the possible depth and scope of Ukraine's integration with the EU, but warned that the political trial against opposition politicians risked blocking the country's European perspective.

In a highly political speech delivered at a in Brussels event on the occasion of Ukraine's 20th independence anniversary, Füle said the country was on the cusp of signing an Association Agreement with a Deep and Comprehensive Free Trade Area (DCFTA) with the EU.

Following this step, according to Article 49 of the Lisbon Treaty, Ukraine would be eligible to apply for EU membership.

Ukraine is currently in the final stage of concluding the DCFTA, with a Brussels visit of its President Vikor Yanukovich and an EU-Ukraine summit to be held on 14-16 December in Kyiv. On this occasion, the Association Agreement, which includes the DCFTA, is expected to be signed.

As Füle said, this would make Ukraine the most advanced country in terms of European integration among the EU's Eastern Partnership initiative, which also includes Moldova, Georgia, Armenia, Azerbaijan and Belarus.

In the longer term, the EU hopes to put in place a free trade area with all the eastern partners, similar to the European Free Trade Association (EFTA). Today's EFTA members are Liechtenstein, Iceland, Norway and Switzerland.

Ukraine however aspires to full EU membership, as President Yanukovich recently said. From a Brussels perspective, Ukraine and Moldova are not to be excluded from EU membership in the longer term, but any discussion on such perspective is seen as premature before signing Association Agreements.

Stressing that he was speaking to Ukraine as a "friend", Füle warned that the country had recently brought upon itself the "wrong kind of publicity" with the trials which in the EU perspective appear as politically motivated, against opposition leaders, and former Prime Minister Yulia Tymoshenko in the first place.

Soviet-style justice

The Commissioner said that part of the problem was the antiquated judicial system, inherited from Soviet times, in which according to his terms no dividing line existed between political and criminal responsibility.

"Through my close contacts with Ukrainian counterparts, I am convinced that the Ukrainian leaders have understood the gravity of the situation, and are able to turn things around, and choose a different track," the Commissioner said. He also strongly appealed for a deep reform of the country's judicial system.

Many Ukraine observers expect Tymoshenko to be sentenced to jail. This in effect could bring the entire momentum in EU-Ukraine relations to a halt.

Guy Verhofstadt, the leader of the European Parliament's liberal group who played host at the Brussels conference, said that the Association Agreement should open the door for Ukraine to become a candidate country, but only if Kyiv was committed to build "deep democracy".

Ukraine's First Vice Prime Minister Andriy Klyuev stressed the commitment of his country to finalise negotiations on the DCFTA, also highlighting the positive economic trends in Ukraine.

In a recent interview with EurActiv Germany, Pavlo Klimkin, Ukraine's Deputy Minister of Foreign Affairs, said that the Tymoshenko trial was not a political one and pleaded that the EU should not link this issue to a possible freezing of negotiations on DCFTA.

Positions: 

The Ukrainian Foundation for Democracy "People First" criticised the EU saying "on the one hand, European politicians aspire to stop Yanukovych's authoritarianism, and on the other they actually encourage him to utilise authoritarian methods [to intervene in the court case]."

"Europeans shouldn't punish all Ukrainians, depriving them of the European prospect because of undemocratic actions of the Ukrainian government," it added.

Instead, the Foundation suggests travel prohibitions and asset freezes for guilty foreign officials - as has been recently done to some Belarusian and Syrian officials - as "a more effective tool for convincing authoritarian rulers of the inadmissibility of the rough infringement of human rights." 

Next steps: 
  • 29-30 Sept.: Eastern Partnership summit in Warsaw.
  • 20 Oct.: President Viktor Yanukovich visits Brussels.
  • 14-16 Dec.: EU-Ukraine summit in Kyiv.
Füle: "I speak as a friend"
Background: 

Ukraine is currently negotiating a free trade agreement with the EU, but at the same time is under pressure from Russia to join its customs union with Belarus and Kazakhstan.

The two deals are incompatible. EU Trade Commissioner Karel De Gucht has recently warned that should Ukraine join and fully adhere to the customs union between Russia, Belarus and Kazakhstan, by the very rules of such a customs union, Kyiv would be prevented from working on an individual basis towards a free trade deal with the EU. 

Ukraine's relations with the EU are currently regulated by a Partnership and Cooperation Agreement (PCA) which should be replaced by a more comprehensive and ambitious Association Agreement, which has been in many cases the first step towards full membership of the EU.

Ukraine's President Viktor Yanukovich has shown on many occasions his pro-European stance but has also moved to strengthen ties with Moscow. In April 2011, he allowed the Russian navy to continue using the Crimean peninsula as a base until 2045, reversing the position of his predecessor Viktor Yushchenko.

The current trial against former Prime Minister and main opposition leader Yulia Tymoshenko is also seen by many as a political trial, which does not help Yanukovich's efforts to portray himself as a modern and democratic leader.

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