Table of Contents

EU Private Law in Ukraine – The Impact of the Association Agreement

Jürgen Basedow, Max Planck Institute for Comparative and International Private Law

The Implementation of the EU Acquis in Ukraine: Lessons from Legal Transplants

Eugenia Kurzynsky-Singer, Max Planck Institute for Comparative and International Private Law

(Private) Law in Transition – The Acquis Communautaire as a Challenge for East European Lawmakers

Rainer Kulms, Max Planck Institute for Comparative and International Private Law

EU Harmonization of Private Law as Exemplified in South-East European Countries

Christa Jessel-Holst, Max Planck Institute for Comparative and International Private Law


MAX PLANCK INSTITUTE FOR COMPARATIVE & INTERNATIONAL
PRIVATE LAW RESEARCH PAPER SERIES

"EU Private Law in Ukraine – The Impact of the Association Agreement" Free Download
Ukrainian Private Law and the European Area of Justice ( Beiträge zum ausländischen und internationalen Privatrecht, 127), pp. 3-20, Eugenia Kurzynsky-Singer, Rainer Kulms, eds., Mohr Siebeck, 2019
Max Planck Private Law Research Paper No. 18/26

JÜRGEN BASEDOW, Max Planck Institute for Comparative and International Private Law
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The Association Agreement (AA) concluded in 2014 between the European Union (EU) and Ukraine will have far-reaching consequences for the future of private law in Ukraine, a topic which will be explored in this paper. It will set out with a general survey of the Association Agreement (I.), then turn to its impact on private law (II.) and finally outline some considerations relevant to implementation (III.).

"The Implementation of the EU Acquis in Ukraine: Lessons from Legal Transplants" Free Download
Ukrainian Private Law and the European Area of Justice (Beiträge zum ausländischen und internationalen Privatrecht, 127), pp. 21-32, Eugenia Kurzynsky-Singer, Rainer Kulms, eds., Mohr Siebeck, 2019
Max Planck Private Law Research Paper No. 19/5

EUGENIA KURZYNSKY-SINGER, Max Planck Institute for Comparative and International Private Law
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The Europeanisation of Ukrainian private law is determined by the Association Agreement between the EU and Ukraine, which was concluded in 2014 and obliges Ukraine to an extensive approximation of national legislation to European requirements with the aim of achieving the economic integration of Ukraine into the EU internal market. This obligation reflects the idea that market integration is not possible without an approximation of legal standards. Therefore, the aim of the obligation to implement the EU acquis as settled in the Association Agreement is to create in the Ukraine similar market conditions as in the EU and to promote the Europeanisation of Ukrainian law. Insofar, this process is part of a value-based Europeanisation of the entire Ukrainian society. In terms of specific values, the preamble and Articles 2 and 3 of the Association Agreement enumerate especially respect for democratic principles, the rule of law, good governance, human rights and fundamental freedoms, human dignity and a commitment to the principles of a free market economy. In this sense, the creation of similar market conditions presupposes a change of the entire legal and institutional environment. The Europeanisation of private law, which will be addressed in this paper, is only a part of this process.

"(Private) Law in Transition – The Acquis Communautaire as a Challenge for East European Lawmakers" Free Download
Ukrainian Private Law and the European Area of Justice (Beiträge zum ausländischen und internationalen Privatrecht, 127), pp. 285-307, Eugenia Kurzynsky-Singer, Rainer Kulms, eds., Mohr Siebeck, 2019
Max Planck Private Law Research Paper No. 19/7

RAINER KULMS, Max Planck Institute for Comparative and International Private Law
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Stabilisation and Association Agreements are intended to pave the way for a gradual approximation towards European Union standards and the acquis communautaire. The Agreements build on the assumption that both the entrant country and the EU have a joint interest as, respectively, "rational accession-seeker" and as "rational accession provider". Nonetheless, the bargaining power is asymmetric. While national lawmakers of the association countries may subscribe to the acquis communautaire, they also have to calculate the costs of compliance if accession is unlikely to happen soon. Existing equilibria will only be disrupted in favour of sophisticated EU rules if the EU offers credible incentives. The transition phase presents a specific challenge to lawmakers, as the EU Commission assesses progress under the Agreements. This paper surveys the institutional analysis applied by the Commission under the Agreements with Albania, Bosnia and Herzegovina, Kosovo, Northern Macedonia, Montenegro and Serbia in order to develop standards for the enforcement mechanisms under the EU-Ukrainian Association Agreement.

"EU Harmonization of Private Law as Exemplified in South-East European Countries" Free Download
Ukrainian Private Law and the European Area of Justice (Beiträge zum ausländischen und internationalen Privatrecht, 127), pp. 309-317, Eugenia Kurzynsky-Singer, Rainer Kulms, eds., Mohr Siebeck, 2019
Max Planck Private Law Research Paper No. 19/6

CHRISTA JESSEL-HOLST, Max Planck Institute for Comparative and International Private Law
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The focus of the presentation is on those countries of South-East Europe which had been part of the socialist camp but later transitioned to a democratic system and a free-market economy.
The first part deals with the EU harmonization of company law in Bulgaria and Romania, and the second part with private international law reforms under the influence of the acquis communautaire in Albania, Bulgaria and in Yugoslav successor states. The paper highlights certain aspects based on the experience of the Max Planck Institute for Comparative and International Private Law in Hamburg with its South-East European partners.

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LAW RESEARCH CENTERS PAPERS

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Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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