Ukraine’s integration into the European Union is progressing following the commencement of negotiations earlier this summer.
In its opening statement for accession talks, the EU reaffirmed its “unwavering support for Ukraine’s independence, sovereignty, and territorial integrity within its internationally recognized borders.” However, parts of Ukraine have been temporarily occupied by Russia since 2014, presenting a more complex and unique path for Ukraine’s future EU integration.
Before February 2022, Russia illegally controlled two Ukrainian regions: (i) the Crimean peninsula, annexed in 2014, and (ii) the southeastern part of Donbas, including its two largest cities, Donetsk and Luhansk. This control was initially established by creating two proxy republics and later formalized with their annexation at the beginning of 2022.
Following the full-scale unprovoked invasion on 24 February 2022, Russia now has additional military control over Ukrainian towns in the south and east and annexed four partially occupied oblasts: Luhansk, Donetsk, Zaporizhzhia, and Kherson.
Although the issue of temporarily occupied territories will inevitably be a factor in the EU accession negotiations, EU officials have not extensively addressed it. Nonetheless, the EU’s position, shaped over the past decade of Ukraine’s struggle against Russian aggression, is clear.
In 2020, European Commissioner for Neighbourhood and Enlargement Olivér Várhelyi stated:
“The occupied territories are not in themselves an obstacle to the continuation and strengthening of EU-Ukraine relations. (…) And of course, we will continue to insist on the need to restore Ukraine’s control over the occupied territories. And we want Russia to give these territories back to Ukraine. (…) I do not consider this [the presence of the temporarily occupied territories] an obstacle to strengthening our relations with Ukraine.”
Currently, the EU’s stance on Ukraine’s sovereignty and integration remains firm. Key principles include:
- Territorial integrity: The EU has consistently supported Ukraine’s sovereignty and territorial integrity within its internationally recognized borders. This principle implies that Ukraine’s formal EU integration will encompass the temporarily occupied territories.
- Non-recognition of annexation: The EU does not recognize the annexation of Crimea and the other four regions of Ukraine and has applied a series of sanctions against Russia due to its actions in Ukraine. Significantly, this principle extends to the territories occupied since 2014, as well as after the full-scale invasion;
- Proactive support for Ukraine’s EU integration: In the years after the invasion, the EU has taken a more proactive approach toward Ukraine’s integration.
- Advancing of reforms: The EU actively supports democratic reforms in Ukraine. In fact, the accession negotiations focus on various areas of reform implementation, and a range of instruments provide financial support for Ukraine to implement such reforms.
- Recovery and reconstruction: Programs such as the Ukraine Facility assist the country’s recovery, reconstruction, and modernization efforts.
While these fundamental principles do not currently address the specifics of temporarily occupied territories due to Russian control over these regions, they are crucial for Ukraine’s development and resilience in the context of the ongoing war of aggression.
Ukrainian society and democratic institutions must be prepared for the reintegration process when it occurs, and the ongoing work, supported significantly by the EU, is essential.Since 2014, the deoccupation of temporarily occupied territories has been a focal point for the Ukrainian government and civil society. The establishment of the Ministry of Reintegration of the Temporarily Occupied Territories in 2016, the introduction of the Crimea Platform in 2021, and the Summit on Peace in Ukraine, which drew on Ukraine’s Peace Formula in 2023, all underscore this focus.
These efforts have received substantial support from EU member states. Notably, the second Summit on Peace in Ukraine earlier this year was attended by leaders of major EU institutions, including the European Council and the European Commission. They, along with the European Parliament, were signatories to a joint communiqué.
Consequently, the EU leadership continues to support Ukraine’s deoccupation efforts on its path to Union membership.
Ukrainian officials maintain that the temporary occupation of four regions will not disrupt the country’s accession to the EU. In May 2024, Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine Olha Stefanishyna claimed:
“Regarding the war and EU membership, this is my principled position based on legal arguments related to the process of signing the Association Agreement. It was signed when Crimea was annexed when military operations in Donetsk and Luhansk oblasts began (…) The Association Agreement does not contain a single word related to its territorial application, and Ukraine’s membership agreement should not contain such restrictions.”
This perspective reflects a broader legal and political argument gaining popularity and acceptance among EU members and other international stakeholders.
Therefore, the EU’s approach to Ukraine’s accession considers the ongoing Ukrainian struggle part of a more extensive integration process.
In practical terms, the European Union has shown flexibility in addressing territorial dispute issues. For instance, Cyprus’s accession to the EU in 2004 occurred despite the ongoing division of the island between the Greek Cypriot and Turkish Cypriot communities. The EU’s framework allowed Cyprus to join the Union while acknowledging that resolving the territorial issue was a separate, ongoing process.
This precedent suggests the EU is prepared to accommodate Ukraine’s unique situation, provided the country demonstrates its commitment to EU values and reforms.
Moreover, Ukraine’s integration process will be closely monitored and guided by the EU’s conditionality principle, which links progress on accession to specific benchmarks and reforms. The EU’s emphasis on anti-corruption measures, judicial independence, and democratic governance will remain central to the negotiation process.
The temporary occupation of certain regions does not negate Ukraine’s commitment to these reforms or diminish the significance of Ukraine’s progress in other areas. The EU’s support for these reforms, especially through financial and technical assistance, further underscores its commitment to Ukraine’s integration irrespective of the current occupation status.
Additionally, Ukraine’s strategic importance within the European geopolitical landscape plays a crucial role. As the EU seeks to counterbalance Russian influence in Eastern Europe, integrating Ukraine into its framework becomes a strategic priority recognized by partners. Ukraine’s geographical position and its role in regional security are critical elements in the EU’s broader strategy of stabilization and partnership in the region.
Hence, the EU’s support for Ukraine’s membership reflects not only a commitment to democratic values but also a strategic interest in enhancing stability in Europe.
In conclusion, while the issue of temporarily occupied territories presents a complex challenge for Ukraine’s EU accession, it is not a barrier. The EU’s commitment to Ukraine’s sovereignty, combined with a focus on reforms and strategic interests, provides a path forward for integration. Ukraine’s ongoing efforts to meet EU standards, coupled with the EU’s supportive stance, indicate that the temporary occupation of certain regions will not derail Ukraine’s journey toward EU membership.
As the situation evolves, both Ukraine and the EU will need to navigate these challenges with a focus on long-term goals of stability, reform, and mutual benefit.
Related:
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- How EU’s €50 bn carrot drives Ukraine’s path to membership
- Ukraine advances EU accession talks, presents financial control plans to EU Commission
