Yes, Ukraine can become a member of the EU while it is occupied as long as it does its part.  

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Ask Cyprus. The EU knows how it handles divided . It won’t accept reforms that are only half-done.
The integration of Ukraine into the Union has progressed since the beginning of the negotiations in the summer.
In its opening statement to the accession talks, EU reaffirmed their “unwavering” support for Ukraine’s independence, sovereignty and territorial integrity within internationally recognized borders. However, since 2014, parts of Ukraine are temporarily occupied by Russia, creating a more complicated and unique path for Ukraine’s future EU integration.
Before February Russia illegally controlled two Ukrainian areas: (i), the Crimean Peninsula, annexed by Russia in 2014, and, (ii), the southeastern region of Donbas including its two biggest cities, Donetsk, and Luhansk. This control was first established by creating two proxies republics, and then formalized with the annexation of these regions at the beginning 2022.
After the unprovoked invasion of February 2022, Russia has gained additional military control in the south and eastern parts of Ukraine. It also annexed the four partially occupied oblasts, Luhansk Donetsk Zaporizhzhia and Kherson.
The issue of temporarily occupied territory will invariably be a factor during the EU accession talks, but EU officials haven’t addressed it extensively. The EU’s position is clear, shaped by the last decade of Ukraine’s fight against .
Oliver Varhelyi, European Commissioner for Neighbourhood & Enlargement, stated that 2020 is the year of the European Commissioner.
“The occupied territory is not an obstacle in itself to the continuation and strengthening EU-Ukraine relationships. (…) We will continue to insist that Ukraine’s control of the occupied territories be restored. We want Russia to return these territories to Ukraine. (…) “I do not see this [the presence temporarily occupied territories] as an obstacle to strengthening relations with Ukraine.”
The EU’s position Ukraine’s integration and sovereignty remains unchanged. The following are key principles:
* Territorial Integrity: The EU has consistently supported Ukraine’s sovereignty and territorial integration within its internationally recognized boundaries. This principle implies that Ukraine’s formal EU will encompass the temporarily-occupied territories.
* Non-recognition: The EU has not recognized the annexation by Russia of Crimea, and the other four regions in Ukraine. It has imposed a number of sanctions on Russia for its actions in Ukraine. This principle is applicable to all territories occupied after 2014 and also the ones occupied before the full-scale invasion.
* Proactive support of Ukraine’s EU Integration: In the years following the invasion, the EU took a more pro-active approach to Ukraine’s integration.
* Reforms are being advanced: The EU is actively supporting democratic reforms in Ukraine. In fact, the accession talks are focused on different areas of reform implementation. A range of instruments provides financial support to Ukraine in order to implement these reforms.
* Recovery and reconstruction – Programs like the Ukraine Facility help the country in its recovery, reconstruction and modernization efforts.
These fundamental principles are important for the development and resilience of Ukraine in the context of its ongoing war of aggression, even though they do not address the specifics regarding temporarily occupied territory due to Russian control of these regions.
Since 2014, deoccupation of temporarily-occupied territories has been the focus for the Ukrainian government as well as civil society. This focus is reflected in the establishment of the Ministry of Reintegration of Temporarily occupied Territories in 2016, the Crimea Platform in 2020, and the Summit on Peace in Ukraine in .
EU member states have shown substantial support for these efforts. The European Council and European Commission were both present at the second Summit on Peace in Ukraine held earlier this year. Together with the European Parliament they signed a joint communiqué.
The EU leadership continues to support Ukraine’s deoccupation efforts as it moves towards Union membership.
insist that the temporary occupation in four regions won’t disrupt the country’s accession to EU. Olha Stefanishyna, Ukraine’s Deputy responsible for European and Euro-Atlantic Integration, claimed that:
It was signed when military operations in Donetsk and Luhansk oblasts began. It was signed at the time of the annexation of Crimea and when military operations began in Donetsk, Luhansk and Luhansk Oblasts There is no word in the Association Agreement that refers to its territorial application. The membership agreement for Ukraine should not include such restrictions.”
This perspective reflects an underlying legal and political argument that is gaining in popularity and acceptance by EU members and other stakeholders.

 

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