This work addresses European Council Decision 2004/496/EC approving the conclusion of an Agreemen... more This work addresses European Council Decision 2004/496/EC approving the conclusion of an Agreement between the European Community and the United States on the processing and transfer of passenger name record ("PNR") data by air carriers established in the territory of the Community to the Bureau of Customs and Border Protection. This work addresses the PNR Agreement in light of the Court of Justice ruling which highlighted the difficulties inherent in balancing the competing interests of national security and law enforcement with the fundamental right of privacy and protection of personal data. Part One examines briefly the provisions of the Data Protection Directive which formed the legal basis for the Commission and Council decisions. Part Two examines United States legislation requiring the transfer of PNR data to American authorities and the negotiations and deliberative processes that led to the adoption of the Community decisions. Part Three examines Commission Decision 2004/535/EC and Council Decision 2004/496/EC, addressing the legal bases for their adoption. An examination of the Court’s ruling is the subject of Part Four which addresses the Court’s annulment of Commission Decision 2004/535//EC, while Part Five examines the Court’s annulment of Council Decision 2004/496/EC.
Since gaining independence in 1991, Ukraine has regularly espoused a willingness to participate i... more Since gaining independence in 1991, Ukraine has regularly espoused a willingness to participate in greater European integration. Despite initiation of a political dialogue between the European Union and Ukraine, however, and the signing of a Partnership and Cooperation Agreement in 1994, Ukraine did not adopt legislative reforms or undertake concrete structural changes that would have brought it closer to European Union norms and values. In addition to the poor performance of Ukraine's economy and a perceived lack of democracy, relations between the European Union and Ukraine suffered because of an unwillingness of the European Union to expand into the post-Soviet space. Consequently, Ukraine remained ambivalent about its foreign policy goals: supportive of European Union membership, yet lacking societal pressures and the political will to pursue a more assertive policy of Europeanization. The Orange Revolution of late 2004, and the implementation of the European Neighbourhood Policy, significantly improved Ukraine's European prospects. This thesis examines Ukraine's efforts to undertake the process of Europeanization since the Orange Revolution. Economic integration, energy cooperation and judicial reform serve as case studies. Successful progress in implementing the economic and energy provisions of bilateral agreements, such as the Joint European Union-Ukraine Action Plan and the European Union-Ukraine Association Agenda, indicates Ukraine is Europeanizing its economic and energy sectors. Recently concluded negotiations culminating in the drafting of an Association Agreement are further evidence of Ukraine's Europeanization efforts. On the other hand, judicial reforms aimed at guaranteeing an independent judiciary devoid of political interference, remains a significant challenge. Council of Europe recommendations on draft legislative reform measures intended to fulfill European standards are inadequately implemented by Ukraine's Verkhovna Rada. The European Union's critical reaction to the October 2011 trial and conviction of former Prime Minister Yulia Tymoshenko is further evidence of Ukraine's lagging efforts to Europeanize its judiciary. Absent strong incentives from the European Union to adopt concrete judicial reforms, Ukraine's record of Europeanization, though much more promising compared to what it had been before the 2004 Orange Revolution, remains ultimately mixed.
This work addresses European Council Decision 2004/496/EC approving the conclusion of an Agreemen... more This work addresses European Council Decision 2004/496/EC approving the conclusion of an Agreement between the European Community and the United States on the processing and transfer of passenger name record ("PNR") data by air carriers established in the territory of the Community to the Bureau of Customs and Border Protection. This work addresses the PNR Agreement in light of the Court of Justice ruling which highlighted the difficulties inherent in balancing the competing interests of national security and law enforcement with the fundamental right of privacy and protection of personal data. Part One examines briefly the provisions of the Data Protection Directive which formed the legal basis for the Commission and Council decisions. Part Two examines United States legislation requiring the transfer of PNR data to American authorities and the negotiations and deliberative processes that led to the adoption of the Community decisions. Part Three examines Commission Decision 2004/535/EC and Council Decision 2004/496/EC, addressing the legal bases for their adoption. An examination of the Court’s ruling is the subject of Part Four which addresses the Court’s annulment of Commission Decision 2004/535//EC, while Part Five examines the Court’s annulment of Council Decision 2004/496/EC.
Since gaining independence in 1991, Ukraine has regularly espoused a willingness to participate i... more Since gaining independence in 1991, Ukraine has regularly espoused a willingness to participate in greater European integration. Despite initiation of a political dialogue between the European Union and Ukraine, however, and the signing of a Partnership and Cooperation Agreement in 1994, Ukraine did not adopt legislative reforms or undertake concrete structural changes that would have brought it closer to European Union norms and values. In addition to the poor performance of Ukraine's economy and a perceived lack of democracy, relations between the European Union and Ukraine suffered because of an unwillingness of the European Union to expand into the post-Soviet space. Consequently, Ukraine remained ambivalent about its foreign policy goals: supportive of European Union membership, yet lacking societal pressures and the political will to pursue a more assertive policy of Europeanization. The Orange Revolution of late 2004, and the implementation of the European Neighbourhood Policy, significantly improved Ukraine's European prospects. This thesis examines Ukraine's efforts to undertake the process of Europeanization since the Orange Revolution. Economic integration, energy cooperation and judicial reform serve as case studies. Successful progress in implementing the economic and energy provisions of bilateral agreements, such as the Joint European Union-Ukraine Action Plan and the European Union-Ukraine Association Agenda, indicates Ukraine is Europeanizing its economic and energy sectors. Recently concluded negotiations culminating in the drafting of an Association Agreement are further evidence of Ukraine's Europeanization efforts. On the other hand, judicial reforms aimed at guaranteeing an independent judiciary devoid of political interference, remains a significant challenge. Council of Europe recommendations on draft legislative reform measures intended to fulfill European standards are inadequately implemented by Ukraine's Verkhovna Rada. The European Union's critical reaction to the October 2011 trial and conviction of former Prime Minister Yulia Tymoshenko is further evidence of Ukraine's lagging efforts to Europeanize its judiciary. Absent strong incentives from the European Union to adopt concrete judicial reforms, Ukraine's record of Europeanization, though much more promising compared to what it had been before the 2004 Orange Revolution, remains ultimately mixed.
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