Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 71
2021
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 39, Nº 71 (2021), 62-80
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
European Union as a Set of New
Values in State-Building Processes in EU
Enlargement Candidate Countries
DOI: https://doi.org/10.46398/cuestpol.3971.03
Elvira M. Gerasymova *
Svitlana V. Kutsepal **
Zorina S. Vykhovanets ***
Olena P. Kravchenko ****
Nataliia F. Yukhymenko *****
Abstract
The aim of the research was to analyze the latest values of
the EU in the context of their adaptation in the process of state-
building in the candidate countries for enlargement with a view
to reforming the legal eld of the States. The main method was
the observation method as a component of the experimental
procedure with subsequent interpretation of the results (description). The
results of the study demonstrate the axiological importance of the EU’s main
values. At the same time, the need for a gradual implementation of reforms
in the sphere of state-building is argued, given the desirability of preserving
national identity. It is concluded that the low level of adaptation of the EU
pyramid of core values is corroborated and conrmed by statistical data,
which requires a qualitative transformation of the reform strategy of the
state-building processes of the candidate countries for EU enlargement.
Scientic research was concerned with the search for the optimal and
eective concepts of the integrated application of European values in the
state-building processes in the candidate countries for EU enlargement.
Keywords: state building in Europe; adaptation of legislation;
partnership with the EU; EU values; European integration.
* Doctor of Philosophy, Professor, Department of Department of Social Philosophy, Philosophy of
Education and Educational Policy, Education and Science Management Faculty, National Pedagogical
Dragomanov University, 01601, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-0046-8458
** Doctor of Philosophy, Professor, Department of Theoretical and Legal Disciplines, Poltava Law
Institute, Yaroslav Mudryi National Law University, 36011, Poltava, Ukraine. ORCID: https://orcid.
org/0000-0003-3804-6031
*** PhD in Philosophy, Lecturer, Department of Foreign Languages, National Pirogov Memorial Medical
University, 21018, Vinnytsya, Ukraine. ORCID ID: https://orcid.org/0000-0002-1653-5873
**** PhD in Philosophy, Associate Professor, Department of Philosophy and Social Anthropology named
after Professor I.P. Stogniy, Faculty of History and Social and Psychological Education, Hryhorii
Skovoroda University, 08401, Pereіaslav, Ukraine. ORCID: https://orcid.org/0000-0002-8736-8128
***** PhD in Philosophy, Associate Professor, Department of Philosophy and Social Anthropology named
after Professor I.P. Stogniy, Faculty of History and Social and Psychological Education, Hryhorii
Skovoroda University, 08401, Pereіaslav, Ukraine. ORCID ID: https://orcid.org/0000-0001-7739-9716
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La Unión Europea como conjunto de nuevos valores
en los procesos de construcción del Estado en los países
candidatos a la ampliación de la UE
Resumen
El objetivo de la investigación fue analizar los últimos valores de
la UE en el contexto de su adaptación en el proceso de construcción del
Estado en los países candidatos a su ampliación con vistas a la reforma
del ámbito jurídico de los Estados. El método principal fue el método
de observación como componente del procedimiento experimental con
posterior interpretación de los resultados (descripción). Los resultados del
estudio demuestran la importancia axiológica de los principales valores de
la UE. Al mismo tiempo, se argumenta la necesidad de una implementación
gradual de las reformas en la esfera de la construcción del Estado, dada
la conveniencia de preservar la identidad nacional. Se concluye que el
bajo nivel de adaptación de la pirámide de valores principales de la UE
está corroborado y conrmado por datos estadísticos, lo que requiere una
transformación cualitativa de la estrategia de reforma de los procesos de
construcción del Estado de los países candidatos a la ampliación de la UE.
La investigación cientíca se ocupó de la búsqueda de los conceptos óptimos
y ecaces de la aplicación integrada de los valores europeos en los procesos
de construcción del Estado en los países candidatos a la ampliación de la
UE.
Palabras clave: construcción del Estado en Europa; adaptación de la
legislación; asociación con la UE; valores de la UE;
integración europea.
Introduction
The EU values are common to member states, in a society of inclusion,
tolerance, justice, solidarity and non-discrimination. These values are
an integral part of the European way of life and the vector of reforms of
the candidate countries for EU membership (Dines et al., 2020). Human
dignity, freedom, democracy, equality, rule of law, human rights, among
other things, remain the EU values. In turn, the values underlying European
value integration have been widely discussed in recent years. Long
discussions have shown that interpretations of these common values may
dier, as may the process of their gradual implementation in the legal eld
of the state. Over the last decade, the EU’s popularity among its citizens has
decreased. In just a few years, EU leaders have witnessed a serious shift
from a permissive consensus to “deterrent dierences” (Wolczuk, 2019:
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
63). The deterioration of the EU’s image has created the conditions to call
the legitimacy of the integration project into question. In the search for
narratives, values can reappear in institutional communication.
The gradual actualization of the enlargement of the European Union,
the search by candidate countries for EU membership of the optimal
vectors of reforms justies the transformation of the value benchmarks
of states with the preservation of their own national identity. the practice
of Ukraine deserves special attention. This state, despite the existence
of internal conict with the intervention of the aggressor country to it,
does not deviated from the declared European values. The movement
towards the European community is being slowed down by unfavourable
geopolitical tendencies, Russia’s hybrid aggression, and the outbreak of a
global pandemic (Herasymchuk et al., 2020).
Moreover, despite the variability of approaches to European integration
processes, the vector of driving change in Ukraine remains unchanged.
Ukraine’s European integration is a multi-level, dynamic and long process
with a complex and sometimes dramatic evolution that depends on
many internal and external factors (Yakymenko, 2020). Since Ukraine’s
independence, the European Union has been actively inuencing its state-
building processes. This is evidenced, among other things, by the Partnership
and Cooperation Agreement signed in 1994 (Verkhovna Rada of Ukraine,
1994). At the same time, Ukraine’s ratication of the Association Agreement
with the European Union (Verkhovna Rada of Ukraine, 2014) qualitatively
transformed the approach to domestic reform in all spheres of life. This
regulatory act created the background for the latest approaches to state-
building. At the same time, the legal analysis of the Association Agreement
gives grounds to assert that it is already becoming an archaic document in
fragments and does not correspond to modern realities and the potential of
relations between Ukraine and the EU. Therefore, a comprehensive revision
of this document should be on the agenda in order for Ukraine to actively
enter EU industry markets. The renewal of the Association Agreement will
provide a new quality of cooperation in key areas of sectoral integration
(Stefanishyna, 2020).
It is worth noting that the new challenges also make adjustments to the
partnership’s priorities. Namely, the ght against COVID-19 raises priority
issues of expanding cooperation in the eld of health and pharmaceuticals,
the introduction of new contactless technologies, strengthening business
cooperation and employment guarantees (United Nations Ukraine,
2020). It should be noted that, on the one hand, the current technical
assistance and nancial resource potential do not correspond to the scale of
transformation issues that países candidatos faces in the context of sectoral
integration. On the other hand, acuerdos de asociación existentes entrelos
Estados miembros y la UE does not contain the ultimate mobilizing goal,
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Vol. 39 Nº 71 (2021): 62-80
that is the prospects of EU membership. In general, there is reason to
believe that progress and achievements have been made on the way towards
Europe: from active political dialogue to the implementation of a number
of European norms in a number of sectors. Progress towards the EU is,
however, limited and complicated by a number of unfavourable internal
factors, including corruption, socio-economic problems, the quality of
the public administration system, limitations and failures of government
policy, and so on.
Unfortunately, the states have not managed to eectively transform the
course of European integration into socio-economic changes appreciable
for ordinary citizens. It is obvious that the overall results of European
integration, as well as the process of the EU enlargement candidate
countries’ further development and implementation of European values of
state-building will be determined by how eectively countries will overcome
its internal problems (Yermolenko, 2020). At this stage of EU enlargement
candidate countries state-building, the countries and society face the task
not so much of legislative enshrinement of fundamental European values,
as of their further eective implementation in everyday life.
Given the above, the aim of the article is to consider the values of the
European Union as a driving factor of state-building in EU enlargement
candidate countries state-building in the context of the legal sphere’s
transformation of the states. The aim of the research involved he following
research objectives: 1) analyze the set of EU values and identify the most
eective ones for testing in the EU enlargement candidate countries
state-building processes; 2) consider the results of the implemented
reform actions on the territory of EU enlargement candidate countries
and especially in Ukraine in the context of intensication of the country-
EU dialogue; 3) outline the prospects for changes in state-building in EU
enlargement candidate countries in terms of the European integration
aspirations of the states.
1. Methods and Materials
The results of the study were obtained through the use of a set of practical
and methodological tools tested at each stage of scientic research. The
research procedure in terms of the stated aim of the article is shown in
Figure 1.
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
Figure 1: Abstract research design
The main hypothesis of the study is that certain ideas of European
values, founded in the process of the EU’s existence, can be actualized in
the context of EU enlargement candidate countries’ European integration.
At the same time, the synthesis of these values, taking into account the
national Ukrainian experience of integration, can become a strategic
methodological and semantic background for the value reection in both
politics and economics.
Observation was the leading practical method of scientic research,
which was aimed at vector passive study of the phenomena of adaptation of
EU values in the legal sphere of EU enlargement candidate countries. This
method allowed to reveal from the author’s point of view the shortcomings
of the gradual introduction of the concepts of EU integration into the current
legislation of EU enlargement candidate countries; revealed imperfections
in the right to implement and value vectors of European integration
reforms; single out the positive aspects of further reforms for Ukraine
and other EU enlargement candidate countries, provided that the optimal
strategy is chosen; determine the low level of compliance with the pyramid
of EU values and the obligations of the state of Ukraine in the direction of
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adapting sustainable European law enforcement practices, especially in the
context of concluded agreements. The method of observation was included
as an integral part of the experimental procedure and its results were
interpreted in the article taking into account the need for further scientic
research.
The research involved a strategy of qualitative comparative analysis,
which allowed to overcome the distinction between quantitative and
qualitative research methodologies in the context of the causal link between
values and state-building processes in EU enlargement candidate countries.
This method has been recently used in fragments in legal and political
sciences, while it was actively tested in the article. The application of the
logic of qualitative comparative analysis in the framework of scientic
research allowed identifying the types of combinations of causes and eects
of a particular type of values, distinguished on the basis of indicators of
their successful testing in the legal sphere of EU enlargement candidate
countries.
The multifaceted phenomenon of the adaptation of European values to
the state-building processes implies the need to apply the approaches of
several sciences, in particular, political, economic, sociological, historical
and legal. So, the research involved such scientic methods as: system
analysis (to study the set of political, economic, social, cultural and
civilizational spheres of EU enlargement candidate countries integration);
structural and functional analysis (to study the functional interdependence
of various elements of values in the state-building processes); institutional
method (to study and assess the role of dierent institutions in the process
of adaptation of European values); formal legal method (for the analysis
of the legal background of integration processes, rst of all, the basic
concepts of ensuring compliance with the European vector of reforms in EU
enlargement candidate countries); method of scenarios (to build a forecast
of prospects for the development of legal relations between EU enlargement
candidate countries and the European Union in the event of the need to
update the provisions of the association agreements).
The works of leading scholars of the European Union and EU enlargement
candidate countries were used in the course of the research. We analyzed 30
sources, among which special attention was paid to analytical and statistical
reports on the implementation of European values in the legal sphere in EU
enlargement candidate countries. The position of support for the currently
proposed legislative reforms in light of their inadequacy to the countries
realities was of particular importance. Working with authentic texts and
relevant statistics allowed to form a comprehensive author’s view of the
subject of the article and to oer their own sound proposals for reform
approaches to state-building.
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
2. Results
Commitment to common ideals, principles and values is one of the
most important conditions for the formation and stability of integration
associations. The law does not establish values and ideals, it only enshrines
and conrms their existence, is based on them and relies on them,
which ensures its fullest and most eective implementation (European
Parliament, 2021). Common values are the basis for the establishment
of the institutional structure, dening the goals and tasks set by the
integration association and their enshrinement in law. The commonality
of the foundations gives the integration processes stability and a certain
direction. The fundamental values remain largely unchanged and are
generally preserved and proclaimed in all EU constituent acts. They can be
formulated dierently, undergo certain changes in the relevant documents,
but they remain unchanged in their essential content.
The fundamental values laid down in the foundation of integration
determine the nature and ways to achieve the goals it sets. In practice,
such goals and objectives are formulated and implemented within the
development strategy, which may also undergo certain changes at various
stages of the evolution of the integration process depending on the internal
and external conditions. Goals and directly related tasks are enshrined in
regulations. These are, rst of all, the founding treaties, as well as the acts
adopted to ensure their observance.
When comparing the European Union with other centres of power in the
geopolitical space, it is necessary to keep in mind a number of its fundamental
features. The formation of a single market and the euro area, while
contributing to the convergence of conditions in EU countries, smoothing
the dierences between national and regional models of members of these
associations, did not deprive them of national identity (Organisation for
Economic Co-operation and Development, 2019). The EU continues to
consist of sovereign actors in international economic relations, which have
transferred only part of their sovereignty to supranational bodies, choosing
a European value as a guideline in state-building processes instead.
Within the EU, states often act “for themselves”, but join forces against
third countries at the supranational level. “Europeanization of values and
nationalization of interests” is taking place (Razumkov Centre, 2021).
It is important to emphasize that the countries of Central and Eastern
Europe wishing to join the European Union must carry out public
administration reforms at the national level in order to meet the Copenhagen
and Madrid criteria for membership in the European Union. In turn, such
reforms are expressed in the adaptation of EU values by implementing
high-quality multisectoral reforms in order to bring national legal systems
as close as possible to EU law.
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The question of the nature of European normative or rational discourse
is based on the nature of the “values” referred to by the European
institutions. Such values range from functional principles (transparency,
dialogue) to broad political paradigms (democracy). Values underlie socio-
political development. Moreover, values constitute the content of political
institutions, outlining their purpose and logic of functioning, sustainability,
and eciency. Based on the modern understanding, European values
should be considered not only in terms of ethical guidelines for the
behaviour of citizens. First of all, European values are pragmatic principles,
one of the main functions of which is the ability to maintain and increase
the eectiveness of democratic institutions (European Values Info, 2006).
According to the current practice, European values as a whole remain
inviolable. Accordingly, it is impossible to build democratic institutions
without the formation of European values.
In the Lisbon Treaty, as well as in the previous founding acts, an indication
of the values underlying the creation, building, and functioning of the EU
is set out in the Preamble. In formulating these values, the authors of the
agreement largely used previous documents. As for the basic principles, we
are talking about such incorruptible and inviolable values as the historical
heritage of the peoples of Europe. It includes the cultural, religious and
humanitarian heritage of the European continent. The wording is more
than broad, especially given that the continent’s historical heritage is
extremely diverse and multifaceted. In this regard, the authors of the Treaty
clarify that historical development leads to the formation of common or
universal values. These are inalienable human rights and freedoms, as well
as freedom, democracy, equality, and the rule of law. The cessation of the
division of the European continent, the commitment to building a united
Europe of the future are the results of historical evolution included in the
Preamble.
It can be argued that European high culture developed in six stages,
which led to the formation of the six most fundamental European values.
The study showed that the following EU values can be identied in modern
conditions, which are able to inuence the state-building reforms in
Ukraine (Figure 2).
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
Figure 2: Pyramid of fundamental European values of state-building
From a legal point of view, the issue of respect for and observance of the
fundamental values underlying the EU is inextricably linked to respect for
human rights. So, it is the observance of fundamental human rights in the
context of European integration that forms the most comprehensive and
eective vector of national and foreign policy of any state that is trying to
move closer to EU membership. The modern doctrine of human rights is,
of course, Eurocentric. Moreover, respect for human rights is recognized in
the EU as a leading concept for future generations.
At the same time, in the context of state-building, special attention is
paid to the implementation of the rule of law in a particular state. In recent
decades, international and European organizations have placed the rule
of law at the heart of their prescriptions for economic, political and social
reform. The EU’s focus on the rule of law — as a shared value and tool for
promoting democracy — dates back to the early 1990’s, when EU institutions
sought not only to democratize the EU’s institutional framework but also to
assess its role in the world. In this context, it is argued that the legitimacy of
the EU as a “regulatory force” seems to be based on the ability to translate
universal norms into more concrete policies (Lehne, 2020). Being both in
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the list of values on which the EU is based and in the status of the goal of
EU foreign policy, the rule of law is called “intermediate” and “nal” for
the development and legitimation of a wide range of domestic and foreign
policies. The internal and external dimensions are highly interdependent
and interlinked, as the content of the rule of EU law has been developed and
enriched through its external promotion.
The rule of law has entered EU policy as a policy guideline that was
originally used in the EU’s external activity to assess candidate countries’
commitment to democracy and as a form of technical assistance. In
managing domestic reforms in the former Soviet Union, the European
Commission has gained experience and knowledge in a number of policy
areas, which have previously been outside the EU’s remit (National
Democratic Institute, 2021). In just a couple of years, the institution has
been able to develop its new enlargement policy and dene its approach to
promoting the rule of law. The enlargement process has contributed to the
technication of the rule of law debate. However, in recent years, the rule
of law has been a matter of concern in the EU, which has increased tensions
between domestic and European actors. The politicization of the rule of
law has become an opportunity for the European Commission to clarify its
powers in relation to the Member States. Despite diering concepts on how
to protect the rule of law at the supranational level, EU institutions seek to
“promote”, “strengthen” and “protect” the rule of law. Therefore, in both its
internal and external activities, the European Commission uses the rule of
law to set political priorities and, as a result, politicizes it and gives it new
meanings depending on the political context.
In turn, the current stage of law and state-building in EU enlargement
candidate countries i can be characterized as transformational, associated,
on the one hand, with the desire to carry out necessary reforms, the
formation of civil society, the rule of law, and on the other — with the need
to protect human rights and freedoms. conditions for overcoming the crisis
and thrive to accelerate European integration. It is clear that such a legal
phenomenon as the role of law and its eectiveness in today’s conditions is
not the last among the many factors that inuence these processes. Thus,
Ukraine’s international legal obligations determine the implementation
of a set of reforms of national sectors in the context of strengthening
the European vector of state development. Ukraine remains a priority
partner of the European Union. The EU supports Ukraine in ensuring a
stable, prosperous and democratic future for its citizens, and unwaveringly
supports the independence, territorial integrity and sovereignty of Ukraine.
The Association Agreement, including its Deep and Comprehensive Free
Trade Area signed in 2014, is a key instrument for rapprochement between
Ukraine and the EU, fostering political ties, strengthening economic ties
and respecting common values. Ukraine continues its ambitious reform
agenda to accelerate economic growth and improve the living conditions
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European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
of its citizens. Priority reforms include the ght against corruption, judicial
reform, constitutional and electoral reforms, improving the business climate
and energy eciency, public administration reform and decentralization.
Since 2014, the EU and nancial institutions have mobilized more than
€ 15 billion in grants and loans to support the reform process with tough
conditions for further progress.
At the same time, the current process of adaptation of European values
in Ukraine is taking place in the conditions of an obvious decit of European
values, which allows us to draw analogies with the so-called process of
“building capitalism without capitalists”. However, there is an unstable and
intermittent value transformation, which results in the formation of the
elements of democratic values. The gradual modernization of the values
of Ukrainian society has the potential to change (“correct”) the essence
of existing political institutions, to ll them with democratic content. The
coherence of Ukrainian values with post-materialist European values
creates an additional ground for a relatively rapid transformation.
Since Ukraine’s independence in 1991, successive governments have
failed to build eective state institutions. In the early 1990’s, a group of
entrepreneurs seized control of parliament, government, and the judiciary,
passing laws in their favour and in the interests of political allies. In the
future, the creation of a background for sustainable socio-economic
development has not become the prerogative of public administration. The
concept of “reform” has become synonymous with new ways of stealing the
budget, dismantling the rule of law and masking corruption (Lough and
Solonenko, 2016).
At the same time, the ratication of the Association Agreement
(Verkhovna Rada of Ukraine, 2014) was a conrmation of the development
of bilateral relations between Ukraine and the European Union. Moreover,
this document legalized the choice of our state in favour of modern European
values. Despite the progressive nature of the document at that time, it is
gradually losing its relevance. Besides, much of the international legal
obligations undertaken by the state under the Association Agreement remain
unfullled. Referring to the legal background for ensuring compliance with
Ukraine’s obligations to adapt European values, it should be noted that
currently the implementation of the Action Plan for the implementation
of the Association Agreement (Cabinet of Ministers of Ukraine, 2017) is
unsatisfactory (Cabinet of Ministers of Ukraine, 2020). In particular, the
Ukraine Common Country Analysis report states that Ukrainian society is
facing signicant structural divisions and polarization, which aects not
only the progress of state-building, but also the sustainability of the social
foundation of reforms. The analysis identies numerous development
opportunities that should be prioritized and constantly updated to promote
an integrated solution that will provide numerous positive changes in the
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development sectors of the state and sustainable common European value
benchmarks (United Nations Ukraine, 2021).
It is especially reasonable to pay attention to the implementation of the
concept of “rule of law” in Ukraine, enshrined at the constitutional level.
For a long time, the position on the prospects of supporting and recognizing
the rule of law with all its components was expressed by the Constitutional
Court of Ukraine (2021). However, despite the enshrinement of one of the
EU’s most important values, it remains largely declarative. This is evidenced,
among other things, by the indicators of the annual rule of law index in all
countries of the world, which are summarized and published by the World
Justice Project (2021). Such an analysis includes the following key indicators
of the rule of law — 1) corruption; 2) observance of fundamental rights; 3)
transparency and openness of the government; 4) the eectiveness of law
enforcement; 5) restrictions on state institutions; 6) observance of order
and security; 7) the state of justice. According to the World Justice Project
Rule of Law Index 2020, Ukraine received a score of 0.51 out of 1 in 2020,
where one means the absolute rule of law. In the overall ranking, Ukraine
ranked 72nd out of 128 countries, and 7th in the regional division out of 14
countries in Eastern and Central Europe (World Justice Project, 2020).
In general, occupying a rather low place in the above-mentioned overall
ranking shows that Ukraine’s approach to this EU benchmark is extremely
slow.
At the same time, domestic changes in the vectors of reforms in EU
enlargement candidate countries have led to a transformation of views
on European values, which, unfortunately, have now receded into the
background. The study allowed recording the emergence of negative
phenomena that slow down or make it impossible to properly implement
and protect the declared EU values in EU enlargement candidate countries.
These factors are shown in Figure 3.
The analysis of the above-mentioned problems shows that each of
them has its own subjective and objective reasons of origin and existence,
and modern reform of the domestic legislation of the state is aimed at
overcoming them.
In turn, the gradual implementation of European values, subject to
moderate control by the EU, is possible by choosing one of the three types
of reform strategies listed in Table 1. At the same time, we can observe an
uncontrolled mixing of all three types of reforms, for example, in Ukraine,
which, according to the author, is the cause of signicant problems in the
development of European membership criteria in Ukraine. Undoubtedly,
the European values must be adapted in a balanced way, taking into account
national realities and national identity. In turn, Ukraine has now chosen
the unappealable implementation of all European values, which cannot be
fully adapted for Ukraine without taking into account the peculiarities of
law enforcement and state-building.
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
Figure 3: Negative factors of introduction of European values
in the state-building processes in EU enlargement candidate
countries (Own creation).
Table 1. Types of strategy for reforming the state-building
processes in the context of adaptation of European values (Own
creation)
Radical change of the old
(including the imperial)
institutions, a complete
break with the old
management structure
and rules, an attempt to
replace them with new
ones
Maintaining continuity
between old and new
institutions
Inconsistent
implementation of
institutional reforms
This strategy may involve
a radical break with the
institutions of “restricted
order” and an attempt to
replace them with institutions
of “open access order”. This
strategy assumes high costs at
the initial stage, but a reduction
in the amount of resources
required and the cost of
overcoming the contradictions
between the old and new
institutions in the future
This strategy envisages saving
resources for serious reforms,
building a new management system
and forming a new regulatory
framework. The situation of
certainty given the dominance
of old norms and rules does not
prevent long-term investment
in public goods. However, the
positive eect of this strategy
cannot be long-term. Over time,
contradictions between old
institutions (“restricted access”)
and new requirements between
formal and informal norms may
escalate
Involves coexistence of old
and new norms, rules and
mechanisms, which mostly
contradict each other,
aggravation of the situation
of uncertainty, aggravation
of contradictions between
formal and informal norms
and procedures. This strategy
motivates government
agencies to use contradictions
in their personal or narrow
group goals, achieving benets
rather than investing in long-
term public goods
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It is also expedient to focus on other candidate countries for accession
to the EU. Thus, in June 2018, the EU Council agreed to intensify accession
talks with both North Macedonia and Albania if states comply with a
certain range of EU conditions. At the same time, negotiations have not
been started in 2019. In March 2020, the methodology for expansion to
the Western Balkans was revised. However, negotiations on the accession
of North Macedonia and Albania, which have been candidate countries
for many years, have not yet been opened. The EU-Turkey relationship on
EU accession has now been further exacerbated by Turkey’s foreign policy
choices, its unilateral actions in the Eastern Mediterranean, and its position
and initiatives on the Cypriot issue. In this context, even the fragmentary
approbation of European values by this state does not create the proper
basis for a stable relationship with the EU.
After two decades of intensive and powerful process of state-building,
Bosnia and Herzegovina, unprecedented in modern European history, still
demonstrates a signicant number of negative factors, making it impossible
to implement European values comprehensively. The process of integration
into the EU is currently almost completely blocked and the country has not
yet submitted its candidacy.
Despite the European Commission’s aspirations and eorts to increase
condence in the accession process and give it a stronger political steering
wheel and clear value benchmarks, the process of membership has already
become a shadow of what it has been in previous decades, when it was
considered the largest indicator of a successful EU foreign policy. Annual
state reports published by the European Commission continue to serve as
a useful barometer of reforms for each country and the implementation
of the most signicant European values. The EU today has become an
international actor promoting democracy on its territory, in member states
and even around the world.
His democratic commitments are in line with his leading value
benchmarks. The EU has successfully managed to gain signicant
geopolitical inuence and allow democratic transformations in the
Balkans, for example, and in Ukraine. In this respect, the EU can be seen
as an «intermediary» between candidate states as an active arbiter of value
reform vectors.
3. Discussion
The study showed that the values of the European Union produce their
direct impact on the processes of development and transformation of any
state that aspires to become a full member of the EU. The pyramid of key
values is sustainable and needs to be gradually introduced into the legal
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Nataliia F. Yukhymenko
European Union as a Set of New Values in State-Building Processes in EU Enlargement Candidate
Countries
eld of such candidate countries. Instead, the lengthy process of ensuring
adherence to such values is not taken into account at all when choosing a
European reform vector. Scholars support this position and point out that
as a result of such actions the state receives an accumulation of declarative
norms without mechanisms for their practical implementation (Fedorenko
et al., 2019). It was stated that technical reforms are currently underway
in EU enlargement candidate countries, which are manifested in the
adoption of new regulations and the creation of new state institutions.
EU enlargement candidate countries do not enter into disputes and
negotiations with the European Union in the context of the implementation
of EU values and standards. In this regard, blind copying of values can lead
to negative consequences for the states, which will lose its iconic features
developed over the years, and built a monolithic architecture of legislation.
In this context, there is an active discussion on the selection of the most
appropriate mechanisms for the implementation of European values.
Scholars state that the process of state-building creates a number of
dilemmas of law enforcement and organizational nature in EU enlargement
candidate countries (Babenko et al., 2020). The leading important dilemma
concerns in Ukraine for example the question of whether it is correct
to insist on the comprehensive adaptation of European values and the
reconstruction of the state, which remains a shared hybrid aggression of the
Russian Federation (Dzutsati, 2020). In this context, the European Union’s
approach is based on the assumption that integration into the EU through
the gradual stabilization of state-building processes within the association
will lead to internal tensions (Duleba, 2019). Another problem is relevant
given the need to choose an approach to the renewed state-building
process. With this in mind, two approaches proposed by scholars (Bargués
and Morillas, 2021) are possible for testing: top-down (which focuses on
building institutions and is technical in nature), and bottom-up (based on
building participation, developing a democratic culture, civil society and
reconciliation). Unfortunately, scholars have conrmed that current state-
building missions and adaptation processes in EU enlargement candidate
countries ignore the wider context and social factors and are focused mainly
on the technical process of institutional building (Kharazishvili et al.,
2021). Therefore, it can be argued that the formation of the most eective
inuence of EU values on state-building processes needs a broader context
and understanding of national practice. This approach is important for the
end result of the European integration process.
Addressing the pyramid of leading EU values and the state of their
observance in EU enlargement candidate countries, scholars share the
author’s position on the low level of ensuring compliance with the declared
postulates. Moskal (2021) emphasizes that Ukraine has currently no single
approach to the interpretation of the rule of law. This, in turn, demonstrates
the lack of consensus on an understanding of the European approach to the
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rule of law. Popadynets (2020) emphasizes that the fundamental human
rights in EU enlargement candidate countries are also observed at a low
level, which is only an indicator of the gradual establishment of democracy.
Conclusions
The European Union has an institutional structure designed to promote
its values, arm its objectives, serve the interests of its citizens and its
Member States, and ensure the integrity, unity, eectiveness and coherence
of its policies and actions. The study showed that the fundamental values
of the EU are inviolable and require qualitatively new views on their
implementation at the national level.
The rise of public interest in EU enlargement candidate countries in the
legislation of the European Union, the essence and content of European
values, and especially in ensuring the rule of law is historically justied.
After many years when the law was mostly used to achieve political
goals, the proclamation of its supremacy as the main priority of the
state is undoubtedly a progressive integration step of the states into the
international community. Today, the need to nd a compromise between
European values, society and the state becomes especially urgent.
Sectoral integration is a global, multi-vector and multi-speed process
aimed at the gradual construction of modern Europe in EU enlargement
candidate countries. An indicator of the eectiveness of the state’s European
integration activities is the level of implementation of the association
agreements and concepts of the countries (in general and by sectors).
Unfortunately, the current state of adaptation of European values remains
unsatisfactory due to various subjective and objective factors.
The prospect of further research should be the development of the cross
functional concept of integrated implementation of European values in the
state-building processes in EU enlargement candidate countries, taking
into account geopolitical factors and features of national identity. In this
context, the decisive vector of the author’s search should be the choice of
optimal mechanisms for law enforcement and ensuring compliance with
the constitutionally proclaimed principle of the rule of law.
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