President Zelenskyy heads to Brussels next week for the twenty-second annual EU-Ukraine Summit with bilateral ties at their most strained since the signing of a landmark Association Agreement in 2014. The relationship between Ukraine and the European Union has become significantly stronger during the past six years, but backsliding by the Zelenskyy government in Kyiv on key anti-corruption measures is now sparking concern among Ukraine’s European partners over the country’s future direction.
Increasing EU-Ukraine tensions were bubbling just below the surface during EU High Representative for Foreign Affairs and Security Policy Josep Borrell’s first trip to the Ukrainian capital on September 22. In a subsequent blog post reflecting on his visit, Borrell underlined the strategic importance of bilateral ties but also stressed that Ukraine should not take EU support for granted. “Since 2014, the EU has been the strongest partner of Ukraine. Our support will continue but is also linked to the urgent need to enhance the rule of law and develop the fight against corruption,” he wrote.
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Borrell’s comments were prompted by a series of alarming recent court rulings and parliamentary votes that have undermined international confidence in Ukraine’s commitment to the reformist path embarked upon following the country’s 2014 Euromaidan Revolution.
Over the past six years, much of the international support Ukraine has received has been tied to the implementation of reforms, including the creation of anti-corruption institutions capable of operating independently. This process has been subject to endless delays and repeated disruption. Nevertheless, until recently, it was adjudged to be moving in the right direction.
The situation changed dramatically thanks to rulings handed down by Ukraine’s Constitutional Court in August and September that challenged the legal validity of the country’s National Anti-Corruption Bureau (NABU) and raised the prospect of reversing large parts of the country’s post-2014 anti-corruption legislation. These Constitutional Court decisions were slammed by critics as politically motivated attempts to erode the independence of NABU.
There was further bad news for the reform agenda in the second half of September when Ukrainian MPs appointed a dubious selection commission for the country’s Specialized Anti-Corruption Prosecutor’s Office (SAPO) that fell well short of Ukraine’s international commitments. Prior to the September 17 vote, Zelenskyy had received repeated reminders from Ukraine’s international partners about the need to establish a credible commission and meet the country’s anti-corruption obligations. Nevertheless, MPs from his Servant of the People party led the vote in parliament.
EU officials responded by reminding Ukraine that this parliamentary decision could jeopardize the country’s latest EUR 1.2 billion macro-financial assistance program. There were also suggestions in some quarters that the move could place Ukraine’s visa-free travel to the European Union in danger.
While both these developments would be painful for Kyiv, the absence of additional incentives highlights the relative lack of leverage Brussels currently enjoys in its relations with Kyiv. With the most extensive Association Agreement in EU history already in place but no realistic prospect of a road map towards full membership, Brussels is limited in terms of what it can now offer Ukraine. In other words, the EU has no carrots and very few sticks.