Research Papers

How is the realisation of the EU value promotion mediated by domestic institutional context in the receiving country? The subject of an interaction between the EU’s respective policy and the domestic environment in the partner country is largely overlooked by the mainstream research on the policies and practices which commonly fall under the ‘EU democracy promotion’ umbrella. This paper takes the research in the suggested direction by exploring how the realisation of the EU rule of law promotion in Ukraine is mediated by the (legal and political) institutions existing in Ukrainian society. For this, taking a process-based approach, I analyse the interaction between the EU policy and Ukraine’s domestic actor- and institutional contexts at different stages of policy and cooperation process. I identify the major points of interaction and analyse whether the relevant domestic factors in Ukraine reinforce, constrain, or inhibit the EU policy, or even clash with particular policy ideas promoted by the EU. Finally, I examine through the observed policy evolution whether and how the EU adapts its policy to Ukraine’s realities in the course of accumulating knowledge and experience by the EU as a rule of law promoter in Ukraine. Overall, the paper reveals that the realisation of the EU rule of law promotion policy in Ukraine is inhibited, rather than facilitated by the domestic legal and political institutions, institutional and actor dynamics and processes. The analysis draws on the theoretical and thinking tools of the (new) historical institutionalist approach. Methodologically, the paper relies on extensive document analysis and the empirical findings from around 60 expert interviews conducted in Kyiv, Brussels, and Strasbourg throughout 2010-2012.