Fatih Şahin Фатіх Шахін Ukraine, business and international experience — since 2004
EU & Euro-Atlantic Integration

Approximation: adopting a body of law

A candidate country has to bring tens of thousands of pages of law into its own legal order. The obstacle is not willingness; it is drafting capacity.

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Photo: Karina Bortun · CC BY-SA 4.0

The acquis is the accumulated body of European law: regulations, directives, court judgments and standards built up over decades. A candidate adopts it. That single sentence conceals an enormous amount of work.

What transposition actually involves

Translation, first, into the national language with legally consistent terminology. A directive translated inconsistently produces litigation for a generation.

Then drafting: a directive states an outcome and leaves the means to the member state, so somebody has to write a national law that achieves it within the existing legal system.

Then adoption, which is a parliamentary process competing with everything else on the agenda.

Then implementing regulations, and the institution that will apply them.

The bottleneck

Not political will. Drafting capacity — the number of lawyers who understand both European law and Ukrainian legal drafting well enough to produce a text that works.

That pool is small everywhere and takes years to build, which is why technical assistance in this area is more valuable than most financial support.

The gap that matters

Between transposition and implementation. A country can report a chapter as transposed while the regulator has three staff and no budget. Reporting the law adopted is easy; reporting the enforcement record is the honest measure.

What Ukraine has going for it

The Association Agreement required substantial approximation years before candidate status, so a large amount of this work was already under way before it became a formal accession requirement.

That the bottleneck is capacity rather than willingness is a familiar situation: translating the text is easy and finding the people to run it is hard. It is the same in companies — writing the procedure takes a week and making it stick takes two years. Ukraine's advantage is that a large part of the law was already drafted during the Association process; the work now is on the implementation side.

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