ABSTRACT

The constitutional system of Ukraine can be regarded as one of the most dynamic in the entire post-Soviet area. This chapter describes a number of considerations which lead us to believe that the objective of effective implementation of the European Union (EU)-Ukraine Association Agreement enhanced the adaptability of the national constitutional order to the European integration project and European common values. The Ukrainian Constitution recognises the binding effect of international agreements within the national legal order, but deliberately excludes internationally recognised principles of international law as binding in the Ukrainian legal system. The Ukrainian judiciary already occasionally referred to fundamental principles of EU law and some elements of the EU acquis as well as to case law of the Court of Justice of the European Union before the signature of the EU-Ukraine AA. The EU-Ukraine AA established a specific institutional framework, which is characterised by the competence to issue decisions and legal acts of binding nature.