MEMO
POLICY

                   THE EU AND UKRAINE
                   AFTER THE 2012
                   ELECTIONS
                   Andrew Wilson




                                                               Relations between the EU and Ukraine are at an impasse.
      Relations between the EU and Ukraine are at an           The last two years have been dominated by rows over the
SUMMARY
SUMMARY




      impasse after two years dominated by rows over           selective prosecution of regime opponents, in particular the
      the selective prosecution of regime opponents,           conviction of former Prime Minister Yuliya Tymoshenko
      in particular the conviction of former Prime             in October 2011, and an accelerating trend towards a more
      Minister Yuliya Tymoshenko in October 2011,
                                                               authoritarian and corrupt style of rule in Ukraine. Attention
      and authoritarianism and corruption in Ukraine.
                                                               has now turned to the parliamentary elections held on 28
      However, the real danger following the elections on
      28 October is not electoral fraud but the way that       October 2012 as a different test of Ukraine’s democratic
      the authorities are now entrenching themselves in        bona fides. The opposition rightly feels aggrieved that the
      power by every possible means. Members of the            authorities have denied them a possible victory. There
      literal and metaphorical “family” around President       was some direct fraud, particularly in the new territorial
      Yanukovych are using their power to enrich               constituencies.1 But in general the authorities sought to
      themselves on an unprecedented scale. The EU             rig the election by other methods such as the covert use of
      cannot afford to simply wait until the next contest      “political technology” and a change in the voting system
      in 2015.                                                 that the opposition ironically agreed to back in 2011.
                                                               Paradoxically, this meant that in many ways the election
      The EU must think creatively to find a way to
                                                               was more competitive than expected – but only because the
      move beyond this impasse. It should better define
                                                               authorities were confident they would win.
      conditionality in the three key areas of selective
      prosecutions, the conduct of elections and “reform”.
      It should apply the Association Agreement and            The recent focus on the elections has broadened the European
      Deep and Comprehensive Free Trade Agreement              view from the Tymoshenko case to look at how things have
      with Ukraine that have been on hold since last           deteriorated across the board. But there is also a danger
      December, if necessary selectively or provisionally,     that the EU will move the goalposts and make the conduct
      but take a tougher line in other areas, for example by   of the elections the only criterion for deciding whether or
      imposing a visa ban on leading figures in the regime     not it should restart relations with Ukraine, or judge the
      and auditing suspect “family” companies in the EU.       authorities more on past than on present behaviour and
      At the same time, the EU should liberalise visas,        use a critique of the elections to move towards a de facto
      encourage educational exchanges and support the
                                                               1 The Ukrainian parliament has 450 MPs. After the “Orange Revolution” in 2004, it was
      emergence of new independent actors in Ukraine           thought better that all of them should be elected by proportional representation. But in
      who are worried by the rise of the “family”.             2011 the government forced through a return to the earlier system, under which half of
                                                               MPs would be elected by PR, and the other half in territorial constituencies, where so-
                                                               called administrative resources (that is, state-directed fraud) had more weight.
isolation policy. In November the Foreign Affairs Council         the other of acting as a Trojan horse and secretly planning
THE EU AND UKRAINE AFTER THE 2012 ELECTIONS




                                              will decide whether to move forward with the Association          to ally with the Party of Regions after the elections. Divisions
                                              Agreement (AA) and Deep and Comprehensive Free Trade              within the main parties are manifold, and where they do not
                                              Agreement (DCFTA) with Ukraine that have been on hold             exist they are created by the authorities’ malign influence.
                                              since last December. The annual EU-Ukraine summit is still        The opposition shouldn’t even be the opposition in the
                                              scheduled for some time before the end of this year, though       outgoing parliament, as it won the last elections in 2007.
                                              neither side is particularly enthusiastic. Some in the EU are     But disunity in its ranks has repeatedly led to defections
                                              minded to sign the agreements, in part because the process        and failure to block or effectively resist key measures like
                                              of ratification by member states is likely to get bogged down     the election law itself in November 2011 or the new Law on
                                              anyway. Others want to use the agreements to enforce red          Languages in July 2012.
                                              lines on political prosecutions or democratic deterioration.
                                                                                                                The position of the opposition is being further weakened
                                              However, neither approach will help transform Ukraine             by the revival of so-called “political technology” (the local
                                              into the kind of society the EU would like to see. Signing the    black arts of covert manipulation). Many of the “opposition”
                                              agreements prematurely would undermine conditionality;            parties running in the election were in reality covert projects
                                              leaving them on ice leaves the EU without leverage. The           of the authorities. Forward Ukraine! and its leader Nataliya
                                              EU therefore needs to think of creative ways of regaining         Korolevska act like radical opposition forces, but are in
                                              influence while maintaining red lines on values – not least       reality what is known locally as “clones” – that is, copies
                                              because the political situation in Ukraine could easily           of other parties financed by leading oligarchs that try to
                                              deteriorate further. A tightening of the screws on independent    take the place of the old opposition – hence the choice of
                                              media and on the still strong independent NGO sector is           a young, glamorous female leader to compete with Yuliya
                                              possible after the elections. The row over the Tymoshenko         Tymoshenko. The authorities prevented some opposition
                                              case was bad enough. But unless the EU regains traction,          parties such as UDAR from campaigning in eastern Ukraine,
                                              there will be worse to come. The authorities are entrenching      where the Party of Regions is relatively sanguine about
                                              themselves in power by every possible means, and members          losing votes to other parties such as the Communists, as it
                                              of the literal and metaphorical “family” around President         knows the Communists will be a reliable part of any future
                                              Yanukovych are using that power to enrich themselves on an        super-majority.
                                              unprecedented scale. The EU cannot afford to wait until the
                                              next contest in 2015.                                             Even the genuine opposition parties are now all financially
                                                                                                                dependent on oligarchic sponsors, often even from the
                                                                                                                authorities’ own ranks. Ukraine’s richest man, Rinat
                                              The return of “political technology”                              Akhmetov, supposedly spent $80 million on Forward
                                                                                                                Ukraine! – though he allegedly cut funding because the
                                              There were some encouraging signs of democratic vitality in       project was threatening to take votes off the Party of
                                              the October elections. The mass media opened up a little, if      Regions. The Communists are sponsored to the tune of $25
                                              only temporarily. The authorities were unable to prevail in       million by Ihor Koletnik, the head of the Customs Service.2
                                              several key hotly contested constituency races. The United        This financing illustrates how threatened some Ukrainian
                                              Opposition coalition built around Tymoshenko’s Fatherland         oligarchs feel by the rise of Yanukovch’s “family”. At the same
                                              party came second, even though she was not allowed to stand.      time, however, such funding reduces the real independence
                                              But while the EU has tended to focus on election fraud and        of the “opposition”.
                                              the selective prosecution of political opponents, democracy
                                              in Ukraine is now being undermined in many other ways.            The opposition parties have also been seeded with so-called
                                              The judicial “reform” pushed through in 2010 now gives the        tushki – individuals who are known to be easily bribeable
                                              state the power to put anyone it wants in prison. The legal       and are pre-programmed to defect after the election3. The
                                              system has become totally politicised; conviction rates are       problem of bribery and the defection of MPs has been
                                              over 99 percent. The judiciary is used to silence enemies         around for a long time. In 2004, changes to the constitution
   www.ecfr.eu




                                              and to legitimise the increasing problem of raidertsvo, or the    were agreed that required MPs to stay in the parties they
                                              theft by oligarchs of each others’ businesses. Even the release   were elected to serve and to ensure that the government
                                              of Tymoshenko would not solve this more fundamental               “majority” was made up of parties rather than individuals.
                                              problem.                                                          But in a blatantly partial ruling in 2010 the constitutional
                                                                                                                court reversed that decision. At least 80 percent of
   November 2012




                                              Where the opposition did well, it was despite its own             “independent” MPs will be persuaded to join the authorities’
                                              weaknesses. Many of its leading figures played safe and stood     camp by the same means. Thus even though the Party of
                                              on party lists rather than take on the ruling Party of Regions    Regions did not win the headline vote, together with the fake
                                              directly in the constituencies. The three main opposition         opposition, “independents” and tushki, it still has a majority
                                              parties – Fatherland, UDAR (known as “Punch” because it is        and is within reach of the 300 out of 450 seats in the new
   ECFR/65




                                              led by the boxer Vitaliy Klichko) and the far-right Freedom       parliament it needs to change the constitution. The three
                                              Party – could only reach a partial agreement on withdrawing       2 Author interview with leading local political technologist Taras Berezovets, 20
                                              in each others’ favour in the constituencies. Each suspects       September 2012.	
                 2                                                                                              3 Tushka means the corpse of a small animal – something like “roadkill”.
main opposition parties will have to show an uncharacteristic                            Fragile pluralism
level of solidarity to prevent this happening.
                                                                                         The authorities are not far short of a two-thirds majority
                                                                                         in the new parliament that would allow them to change
The rise of the “family”                                                                 the constitution. For example, they could decide to allow
                                                                                         Yanukovych to be “re-elected” by parliament in 2015 rather
Corruption has also increased substantially since the 2010                               than directly by the people. Alternatively, as the authorities
elections. Yanukovych has increasingly vested power and                                  now control almost all political branches of state, they could
wealth in a literal and metaphorical “family”. The president’s                           target remaining independent centres of power before any
oldest son Oleksandr Yanukovych and his associates have taken                            such challenges arise. Since 2010, the authorities have
over the central bank and tax, finance and law enforcement                               been gradually tightening control over independent media,
agencies, and used that power to take over rival businesses.4                            not by restoring direct censorship, but by challenging
This began with businesses owned by supporters of the losing                             and redistributing oligarchic control. As Serhiy Kudelya
side in 2010 and Ukraine’s vulnerable SME sector. Now the                                puts it, “control over the leading television channels by
“family” has shifted to targeting major oligarchs. “Grabbing                             oligarchic moguls close to Yanukovych has produced a
property started with the supporters of the orange elite, but                            more decentralized system of self-censorship”.7 The new
now it is danger of spreading to the relatively loyal guys,”                             preference is for so-called usnyky, or verbal instructions
says leading Ukrainian analyst Mykhailo Honchar.5 Over                                   from the presidential administration to TV owners in
the last year, the “family” has begun moving into the coal                               person. Thus the media remains pluralistic but is highly
business, electricity, telecommunications and agriculture.                               corrupt. According to one UDAR adviser, “all media is now
Land privatisation is scheduled finally to move forward after                            paid for, and we have to play that game”.8
the elections, but amendments to the law recently created a
new state land bank that would have first right of purchase                              The authorities may drop their relatively hands-off approach
if peasant farmers chose to sell their land, leading to fears                            to the media once the vote is over, just as they did once the
that “family” businesses will quickly accumulate the largest                             Euro 2012 final in Kyiv was out of the way, in part so that
parcels of Ukraine’s rich farm land.                                                     the “family” can muscle in on the local media market. The
                                                                                         campaign that began in the summer against Ukraine’s last
Ukraine’s co-hosting of the Euro 2012 football championship                              remaining TV channels like TVi and independent outlets
finals was marred by controversies over the privileged role                              like the paper and popular web site Left Bank, as well as
of shadowy contractor companies linked to the “family” like                              sites modelled on Alexey Navalny’s campaigns in Russia like
Altcom. Rake-offs and over-payments cost the Ukrainian                                   parklikeidiot.com.ua and nashigroshi.org (“Our Money”),
taxpayer hundreds of millions of dollars. In August 2012,                                which looks at corruption in public contracts, may well be
Yanukovych signed a law cancelling the obligation of state                               resumed.
companies to hold tenders for the purchase of goods and
services when they use their own funds. Yuliya Mostova,                                  Meanwhile Ukraine’s relatively free NGO sector looks
the editor of Ukraine’s main independent paper Mirror                                    like an increasing anomaly. The number of registered
of the Week, argues that Yanukovych’s goal is simple. “He                                NGOs has actually grown in recent years. Ukraine has not
wants to be the richest man in Eastern Europe”, she says.                                yet followed Russia by forcing out “foreign” NGOs and
“Yanukovych is the first president of Ukraine who needs a                                substituting them with Kremlin-friendly “government-
controlling share not only of all power in the country but of                            organised NGOs” or GONGOs (Russia’s own measures
all its business too.”6                                                                  were ironically a reaction to Ukraine’s Orange Revolution
                                                                                         in 2004). But the Ukrainian authorities are now setting up
The power of the “family” is likely to grow further after the                            “clone” NGOs such as For Fair Elections, which predictably
elections as Serhiy Arbuzov, the current head of the central                             gave the October elections a clean bill of health.9 Ironically
bank and “curator” of the many “family” businesses, moves to                             and sadly for the country that staged famous mass protests
become first deputy prime minister or even prime minister.                               against the last rigged elections in 2004, the organisation of
Because the interests of the “family” are currently all within                           crowds and demonstrations is now a professional business
Ukraine, its members are immune to the argument that                                     – demonstrators, often students, are paid to turn up.10
Ukraine needs the agreements with the EU. However, other                                 Precisely because many NGOs played a key role in election
oligarchs who trade or invest abroad are deeply worried                                  monitoring, a “final front” against them
about the threat to their business interests.                                             could be opened after the elections.


                                                                                         7 Serhiy Kudelya, “Politics and Democracy in Ukraine”, in Taras Kuzio and Daniel
                                                                                         Hamilton (eds.), Open Ukraine: Changing Course Towards a European Future
                                                                                         (Washington, DC: Center for Transatlantic Relations, 2011), pp. 1-20 and pp. 10-11.
                                                                                         8 Author interview, 19 September 2012.
                                                                                         9 “The observers from For Fair Elections saw no serious violations and talk about the
4 See the analysis of his expanding empire by Sevgil Musaeva, “How the Business of the
                                                                                         ‘new developments’ in the upcoming elections in Ukraine”, Komsomolskaya Pravda in
President’s Elder Son Works”, Forbes Ukraine, 3 September 2012, at http://forbes.ua/
                                                                                         Ukraine, 25 October 2012, available at http://kp.ua/daily/251012/362845/
magazine/forbes/1336398-kak-rabotaet-biznes-starshego-syna-prezidenta
                                                                                         10 Yegor Vasylyev, “The Funny Business of Ukrainian Political Rallies”, Transitions
5 Author interview, 8 November 2011.
                                                                                         Online , 9 February 2012, available at www.tol.org/client/article/22988-the-funny-
6 Author interview with Yuliya Mostova, 8 November 2011; Yuliia Mostova, “Semostiinyi
                                                                                         business-of-ukrainian-political-rallies.html; Richard Boudreaux, “Bucks Populi: Making
Yanukovych”, Dzerkalo tyzhnia , 1 June 2012, available at http://dt.ua/POLITICS/
                                                                                         Democracy a Going Concern in Kiev”, The Wall Street Journal , 5 February 2010.
semostiyniy_yanukovich-103152.html.                                                                                                                                               3
On the other hand, the opposition has a strong defensive                                 areas, particularly on the Tymoshenko case: some EU leaders
THE EU AND UKRAINE AFTER THE 2012 ELECTIONS




                                              position in the new parliament and there are signs of                                    have asked for her release; others have complained at new
                                              dissatisfaction and division within the ruling elite. The EU                             charges being laid against her; and others have criticised
                                              should support political and economic pluralism wherever                                 the conditions in which she is held. The EU therefore needs
                                              it can.                                                                                  to agree a standard that is both substantive and actionable:
                                                                                                                                       asking the Ukrainian authorities to comply fully with any
                                                                                                                                       ruling of the European Court on Human Rights is one
                                              The customs union bluff                                                                  possibility. On elections, the final OSCE-ODIHR report
                                                                                                                                       should be as rounded as possible, looking at “political
                                              Even before the AA and the DCFTA were frozen in December                                 technology” as well as simple fraud, but also noting areas in
                                              2011, the EU was not good at explaining the benefit of them to                           which the authorities’ will or schemes did not prevail. The
                                              Ukrainians. Since the agreements were frozen, the Ukrainian                              EU should press for “reform” in areas that enable progress
                                              media has been increasingly stressing their downside –                                   on other fronts, such as dropping the provisions in the anti-
                                              which is not insignificant, given the cost of implementing                               discrimination legislation that are incompatible with visa
                                              such a large proportion of the acquis communautaire,11 This                              liberalisation.
                                              argument has particular traction with hard-pressed SMEs,
                                              which are suffering as the Ukrainian economy seems to be                                 The second step should be provisional application of the
                                              going into another recession. Ukraine’s SME sector was                                   agreements with the EU. If necessary, the AA could be
                                              already too small for an economy of its size, but has actually                           split to allow the DCFTA and sectoral parts to be enacted
                                              shrunk in recent years to less than 20 percent of GDP.                                   on their own without the “political” and justice sections.
                                              Banks have virtually stopped lending to SMEs, particularly                               Alternatively, the agreements could remain in deep freeze,
                                              because they have been renationalised since 2008 – the                                   but the EU could continue with sectoral integration on the
                                              share of banking assets owned by Western banks has fallen                                basis of parallel sectoral agreements. Defining a dividing
                                              from a peak of 42 percent in early 2009 to 25 percent in the                             line between what is EU competence (most of the DCFTA)
                                              first half of 2012.12 The new owners favour lending to big                               and what is member-state competence will be difficult but
                                              oligarchs – which often means themselves.                                                not impossible.

                                              The Ukrainian authorities intend to use the elections to                                 There was always a strong case both for the agreements,
                                              restore their legitimacy in the West. If it is not forthcoming,                          which will help transform Ukrainian society in the long
                                              they will blackmail the West by threatening to join the                                  run, and for red lines. But it makes little sense to block the
                                              Russia-led customs union. But this is a bluff. In fact, only a                           agreements to punish Ukraine. Rather, the EU should take a
                                              handful of oligarchs, mainly the so-called gas lobby, would                              tougher line in other areas in order to allow the agreements
                                              see gains in such a union. Ironically, it is the hard-pressed                            to be revived. The advocates of a tougher approach will
                                              SME sector, rather than the oligarchs, that may be tempted                               hopefully feel happier about the agreements going forward
                                              by the idea of a customs union with Russia. Even more                                    if they can see that action is being taken elsewhere. The
                                              ironically, the “family” would not gain at all if Ukraine were                           resolution on Ukraine passed by the US Senate in September
                                              more open to Russian capital.                                                            is the beginning of a trend towards the construction of
                                                                                                                                       a Ukrainian equivalent of the “Magnitsky List”. 13 The
                                                                                                                                       European Commission is investigating Gazprom. The EU
                                              Policy recommendations                                                                   should start with a visa ban on Renat Kuzmin, the deputy
                                                                                                                                       prosecutor responsible for the trials of Tymoshenko and
                                              The current impasse means that doing nothing will simply                                 former Interior Minister Yuriy Lutsenko.
                                              allow these worrisome trends to get worse. The mooted
                                              solution of signing the agreements if the elections are deemed                           The EU should also audit the activities of suspect “family”
                                              “not too bad” is just as dangerous. It would completely                                  companies in Austria, Cyprus and Luxembourg (and in
                                              undermine conditionality, which was originally applied over                              Liechtenstein and Switzerland), which break existing EU law.
   www.ecfr.eu




                                              selective prosecutions, and deepen the regime’s current                                  This need not be formal “sanctions”; it can be undertaken
                                              sense of impunity. Creative thinking is therefore needed                                 by national financial security agencies. The US is currently
                                              in order to get round the impasse and move relations onto                                taking a tougher line, but most of the Ukrainian elite’s
                                              another page. The Tymoshenko case is only one of many                                    financial malfeasance is within the EU and dependencies
                                              problems. Her release should be an ultimate goal but not                                 like the British Virgin Islands. For example, the Activ Solar
   November 2012




                                              the only immediate goal.                                                                 company, which is based in Vienna, allegedly acts as a front
                                                                                                                                       for government circles that are siphoning off budget money
                                              The first step is to better define conditionality in the three                           and circulating it back home tax free.14 In this sense, the lack
                                              key areas of selective prosecutions, the conduct of elections                            of Western interest would be fatal for Ukraine.
                                              and “reform”. There are too many EU voices in all three
   ECFR/65




                                              11 See Rafał Sadowski, “The Prospects for the EU-Ukraine free trade agreement”, Centre   13 The text can be found at http://inhofe.senate.gov/public/index.
                                              for Eastern Studies, 18 October 2012, http://www.osw.waw.pl/en/publikacje/osw-           cfm?FuseAction=Files.View&FileStore_id=26d65aab-4ed1-4173-8f61-c05809c5b0ac.
                                              commentary/2012-10-18/prospects-euukraine-free-trade-agreement                           14 See the article by Serhiy Leshchenko “Tax Haven of Yanukovych and Kluyev”, 22
                                              12 Yevhen Hrebenyuk, “Foreign Banks Flee Ukraine”, Ukrainian Week , 23 October           January 2012, translated at http://eastbook.eu/en/2012/01/material-en/news-en/
             4                                2012, http://ukrainianweek.com/Economics/63007.                                          serhyi-leshchenko-tax-haven-of-yanukovych-and-kluyev/
The third step should be to press ahead with parallel
measures. The authorities’ propaganda relies heavily on the
argument that the EU cares only about Tymoshenko and
not about ordinary Ukrainians. Visa liberalisation should
therefore be a part of any scenario. Ratification by the
European Parliament of the new amended Visa Facilitation
Agreement signed in July has also been blocked because of
the Tymoshenko affair, but should now move forward. Now
that Ukraine has introduced biometric passports it should
be within sight of the second, post-legislative stage of its
Visa Liberalisation Action Plan. Wider travel will liberalise
Ukraine in the long run. So would easier internal travel, if
budget airlines could be attracted to Ukraine as a result of
an Open Skies Agreement.

Changes to the Erasmus education exchange programme
will also benefit Ukraine, but the EU needs to be wary of
encouraging a “brain drain” from Ukraine and should instead
encourage a two-way process with schemes to encourage
visiting students and experts from the West.

The EU should also be much more proactive about advertising
the economic and social benefits of the agreements. It should
develop a positive communication strategy, involving local
NGOs, to sell the agreements to local stakeholders.

The EU should also support the emergence of new
independent actors in Ukraine. Western loans and
investments, for example, help protect business against
raidertsvo. The EU should help revive lending schemes
for SMEs, which are not working as they might – from the
European Bank for Reconstruction and Development and
the World Bank.

Finally, the EU should open other channels to circumvent
the current dialogue of the deaf. The European Parliament’s
Kwasniewski/Cox mission to monitor selective prosecutions,
which is currently suspended for the duration of the
elections, can be replicated and expanded. The EU should
give a voice to business circles that are worried by the rise
of the “family”.



Conclusion
Ukraine’s leaders behave like they have immunity and
impunity, as if Ukraine were a vital raw material supplier
or possessed of other geopolitical importance. In reality,
they only have power in isolation. The EU should not fear
continuing to apply tough standards to Ukraine. But the EU
needs leverage and should also work harder to show it is on
the side of Ukraine’s beleaguered democratic, liberal and
economically constructive forces. Once Ukraine develops
proper relations with Europe appropriate to its size, location
and economic potential, the EU’s leverage will be much
higher. It’s time to show Ukraine some tough love.



                                                                 5
About the author                                              Acknowledgements
THE EU AND UKRAINE AFTER THE 2012 ELECTIONS




                                              Andrew Wilson is a Senior Policy Fellow at the European       The author would like to acknowledge the help of Jana
                                              Council on Foreign Relations and a reader in Ukrainian        Kobzova for her useful advice and Hans Kundnani for
                                              Studies at the School of Slavonic and East European Studies   his excellent and speedy editing, as well as the following
                                              (SSEES) at University College London. He has previously       interviewees in Ukraine: Olexiy Haran, Rostyslav Pavlenko,
                                              held academic positions at the London School of Economics     Taras Berezovets, Yuliya Mostova, Alyona Getmanchuk,
                                              and Cambridge. His most recent books are Belarus: The         Mykhailo Honchar, Oleksandr Lytvynenko and members of
                                              Last European Dictatorship (2011) and The Ukrainians:         the EU delegation in Kiev.
                                              Unexpected Nations (third edition, 2009). His publications
                                              for ECFR include Ukraine after the Tymoshenko verdict
                                              (2011) and Turning Presence into Power: Lessons from the
                                              Eastern Neighbourhood (with Nicu Popescu).
   www.ecfr.eu
   November 2012
   ECFR/65




                6
Among members of the European
Council on Foreign Relations are          John Bruton (Ireland)                        Hanzade Dogan Boyner
                                                                                                 ˘                               Heidi Hautala (Finland)
                                          Former European Commission                   (Turkey)                                  Minister for International Development
former prime ministers, presidents,       Ambassador to the USA; former Prime          Chair, Dog Gazetecilik and Dog
                                                                                                ˘an                 ˘an
European commissioners, current           Minister (Taoiseach)                         On-line                                   Sasha Havlicek (United
and former parliamentarians and                                                                                                  Kingdom)
ministers, public intellectuals,          Ian Buruma (The Netherlands)                 Andrew Duff (United Kingdom)              Executive Director, Institute for Strategic
business leaders, activists and           Writer and academic                          Member of the European Parliament         Dialogue (ISD)
cultural figures from the EU member       Erhard Busek (Austria)                       Mikuláš Dzurinda (Slovakia)               Connie Hedegaard (Denmark)
states and candidate countries.           Chairman of the Institute for the            Former Foreign Minister
                                          Danube and Central Europe                                                              Commissionr for Climate Change
                                                                                       Hans Eichel (Germany)
Asger Aamund (Denmark)                                                                 Former Finance Minister                   Steven Heinz (Austria)
President and CEO, A. J. Aamund A/S       Jerzy Buzek (Poland)                                                                   Co-Founder & Co-Chairman,
and Chairman of Bavarian Nordic A/S       Member of the European Parliament;           Rolf Ekeus (Sweden)                       Lansdowne Partners Ltd
                                                                                       Former Executive Chairman, United
Urban Ahlin (Sweden)                      former President of the European             Nations Special Commission on Iraq;       Annette Heuser (Germany)
Deputy Chairman of the Foreign            Parliament; former Prime Minister            former OSCE High Commissioner on          Executive Director, Bertelsmann
Affairs Committee and foreign             Gunilla Carlsson (Sweden)                    National Minorities; former Chairman      Foundation Washington DC
policy spokesperson for the Social        Minister for International Development       Stockholm International Peace
Democratic Party                          Cooperation                                  Research Institute, SIPRI                 Diego Hidalgo (Spain)
                                                                                                                                 Co-founder of Spanish newspaper
Martti Ahtisaari (Finland)                Maria Livanos Cattaui                        Uffe Ellemann-Jensen (Denmark)            El País; President, FRIDE
Chairman of the Board, Crisis                                                          Chairman, Baltic Development Forum;
Management Initiative; former             (Switzerland)                                former Foreign Minister                   Jaap de Hoop Scheffer (The
President                                 Former Secretary General of the
                                          International Chamber of Commerce            Steven Everts (The Netherlands)           Netherlands)
Giuliano Amato (Italy)                                                                 Adviser to the Vice President of the      Former NATO Secretary General
Former Prime Minister and vice            Ipek Cem Taha (Turkey)                       European Commission and EU High
President of the European Convention;     Director of Melak Investments/                                                         Danuta Hübner (Poland)
                                                                                       Representative for Foreign and Security   Member of the European Parliament;
Chairman, Centre for American             Journalist                                   Policy
Studies; Chairman, Enciclopedia                                                                                                  former European Commissioner
Treccani                                  Carmen Chacón (Spain)                        Tanja Fajon (Slovenia)
                                          Former Minister of Defence                                                             Anna Ibrisagic (Sweden)
                                                                                       Member of the European Parliament         Member of the European Parliament
Gustavo de Aristegui (Spain)              Charles Clarke (United
Member of Parliament                                                                   Gianfranco Fini (Italy)                   Jaakko Iloniemi (Finland)
                                          Kingdom)                                     President, Chamber of Deputies;           Former Ambassador and former
Viveca Ax:son Jonhson                     Visiting Professor of Politics, University   former Foreign Minister                   Executive Director, Crisis Management
(Sweden)                                  of East Anglia; former Home Secretary
                                                                                       Joschka Fischer (Germany)                 Initiative
Chairman of Nordstjernan AB
                                          Nicola Clase (Sweden)                        Former Foreign Minister and vice-         Toomas Ilves (Estonia)
Gordon Bajnai (Hungary)                   Ambassador to the United Kingdom;            Chancellor                                President
Former Prime Minister                     former State Secretary
                                                                                       Karin Forseke (Sweden/USA)                Wolfgang Ischinger (Germany)
Dora Bakoyannis (Greece)                  Daniel Cohn-Bendit (Germany)                 Chairman, Alliance Trust Plc              Chairman, Munich Security
Member of Parliament; former Foreign      Member of the European Parliament
                                                                                       Lykke Friis (Denmark)                     Conference; Global Head of
Minister                                                                                                                         Government Affairs Allianz SE
                                          Robert Cooper (United                        Member of Parliament; former Minister
Leszek Balcerowicz (Poland)               Kingdom)                                     for Climate, Energy and Gender            Minna Järvenpää (Finland/US)
Professor of Economics at the Warsaw      Counsellor of the European External          Equality                                  International Advocacy Director, Open
School of Economics; former Deputy        Action Service                                                                         Society Foundation
Prime Minister                                                                         Jaime Gama (Portugal)
                                          Gerhard Cromme (Germany)                     Former Speaker of the Parliament;         Mary Kaldor (United Kingdom)
Lluís Bassets (Spain)                     Chairman of the Supervisory Board of         former Foreign Minister                   Professor, London School of Economics
Deputy Director, El País                  the ThyssenKrupp
                                                                                       Timothy Garton Ash                        Ibrahim Kalin (Turkey)
Marek Belka (Poland)                      Maria Cuffaro (Italy)                        (United Kingdom)                          Senior Advisor to the Prime Minister
Governor, National Bank of Poland;        Anchorwoman, TG3, RAI                        Professor of European Studies,            of Turkey on foreign policy and public
former Prime Minister                                                                  Oxford University                         diplomacy
                                          Daniel Daianu (Romania)
Roland Berger (Germany)                   Professor of Economics, National             Carlos Gaspar (Portugal)                  Sylvie Kauffmann (France)
Founder and Honorary Chairman,            School of Political and Administrative       Chairman of the Portuguese Institute      Editorial Director, Le Monde
Roland Berger Strategy Consultants        Studies (SNSPA); former Finance              of International Relations (IPRI)
GmbH                                      Minister                                                                               Olli Kivinen (Finland)
                                                                                       Teresa Patricio Gouveia                   Writer and columnist
Erik Berglöf (Sweden)                     Massimo D’Alema (Italy)                      (Portugal)
Chief Economist, European Bank for        President, Italianieuropei Foundation;       Trustee to the Board of the Calouste      Ben Knapen (The Netherlands)
Reconstruction and Development            President, Foundation for European           Gulbenkian Foundation; former             Minister for European Affairs and
                                          Progressive Studies; former Prime            Foreign Minister                          International Cooperation
Jan Krzysztof Bielecki (Poland)           Minister and Foreign Minister
Chairman, Prime Minister’s Economic                                                    Heather Grabbe (United                    Gerald Knaus (Austria)
Council; former Prime Minister            Marta Dassù (Italy)                                                                    Chairman of the European Stability
                                          Under Secretary of State for Foreign         Kingdom)                                  Initiative and Carr Center Fellow
Carl Bildt (Sweden)                       Affairs                                      Executive Director, Open Society
Foreign Minister                                                                       Institute – Brussels                      Caio Koch-Weser (Germany)
                                          Ahmet Davutoglu (Turkey)                                                               Vice Chairman, Deutsche Bank Group;
Henryka Bochniarz (Poland)                Foreign Minister                             Charles Grant (United Kingdom)            former State Secretary
President, Polish Confederation of                                                     Director, Centre for European Reform
Private Employers – Lewiatan              Aleš Debeljak (Slovenia)                                                               Bassma Kodmani (France)
                                          Poet and Cultural Critic                     Jean-Marie Guéhenno (France)              Executive Director of the Arab Reform
Svetoslav Bojilov (Bulgaria)                                                           Deputy Joint Special Envoy of the         Initiative
Founder, Communitas Foundation and        Jean-Luc Dehaene (Belgium)                   United Nations and the League of
President of Venture Equity Bulgaria      Member of the European Parliament;           Arab States on Syria                      Rem Koolhaas (The
Ltd.                                      former Prime Minister                                                                  Netherlands)
                                                                                       Elisabeth Guigou (France)
Ingrid Bonde (Sweden)                                                                                                            Architect and urbanist; Professor at the
                                          Gianfranco Dell’Alba (Italy)                 Member of Parliament and President
                                                                                                                                 Graduate School of Design, Harvard
CFO & Deputy CEO, Vaffenfall AB           Director, Confederation of Italian           of the Foreign Affairs Committee
                                                                                                                                 University
                                          Industry (Confindustria) - Brussels
Emma Bonino (Italy)                       office; former Member of the European                                                  David Koranyi (Hungary)
Vice President of the Senate; former EU   Parliament                                   Fernando Andresen Guimarães
                                                                                                                                 Deputy Director, Dinu Patriciu Eurasia
Commissioner                                                                           (Portugal)                                Center of the Atlantic Council of the
                                          Pavol Demeš (Slovakia)                       Head of the US and Canada Division,
Stine Bosse (Denmark)                     Senior Transatlantic Fellow, German                                                    United States
Chairman and Non-Executive Board                                                       European External Action Service
                                          Marshall Fund of the United States                                                     Bernard Kouchner (France)
Member                                    (Bratislava)                                 Karl-Theodor zu Guttenberg                Former Minister of Foreign Affairs
                                          Kemal Dervis (Turkey)                        (Germany)                                 Ivan Krastev (Bulgaria)
Han ten Broeke                            Vice-President and Director of Global        Former Defence Minister                   Chair of Board, Centre for Liberal
(The Netherlands)                         Economy and Development
                                                                                       István Gyarmati (Hungary)                 Strategies
Member of Parliament and                                                               President and CEO, International
spokesperson for foreign affairs          Tibor Dessewffy (Hungary)                                                              Aleksander Kwasniewski
                                                                                                                                               ´
                                          President, DEMOS Hungary                     Centre for Democratic Transition
and defence                                                                                                                      (Poland)
                                                                                       Hans Hækkerup (Denmark)                   Former President
                                                                                       Former Chairman, Defence
                                                                                       Commission; former Defence Minister       Mart Laar (Estonia)
                                                                                                                                 Minister of Defence; former Prime             7
Minister                                 Andrzej Olechowski (Poland)                   Marietje Schaake                           Stelios Zavvos (Greece)
THE EU AND UKRAINE AFTER THE 2012 ELECTIONS




                                                                                       Former Foreign Minister                       (The Netherlands)                          CEO, Zeus Capital Managers Ltd
                                              Miroslav Lajc (Slovakia)
                                                          ˇák
                                                                                                                                     Member of the European Parliament
                                              Deputy Prime Minister and Foreign        Dick Oosting (The Netherlands)                                                           Samuel Žbogar (Slovenia)
                                              Minister                                 CEO, European Council on Foreign              Klaus Scharioth (Germany)                  EU Representative to Kosovo; Former
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                                              Alexander Graf Lambsdorff                Amnesty International                         on International Affairs; former
                                              (Germany)                                                                              Ambassador of the Federal Republic of
                                              Member of the European Parliament        Mabel van Oranje (The                         Germany to the US
                                                                                       Netherlands)
                                              Pascal Lamy (France)                     Senior Adviser, The Elders                    Pierre Schori (Sweden)
                                              Honorary President, Notre Europe and                                                   Chair of Olof Palme Memorial Fund;
                                              Director-General of WTO; former EU       Marcelino Oreja Aguirre (Spain)               former Director General, FRIDE; former
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                                                                                       Construcciones y Contratas; former EU
                                              Bruno Le Maire (France)                  Commissioner                                  Wolfgang Schüssel (Austria)
                                              Member of Parliament; Former Minister                                                  Member of Parliament; former
                                              for Food, Agriculture & Fishing          Monica Oriol (Spain)                          Chancellor
                                              Mark Leonard (United Kingdom)            CEO, Seguriber
                                                                                                                                     Karel Schwarzenberg
                                              Director, European Council on Foreign    Cem Özdemir (Germany)
                                              Relations                                Leader, Bündnis90/Die Grünen (Green           (Czech Republic)
                                                                                       Party)                                        Foreign Minister
                                              Jean-David Levitte (France)
                                                                                       Ana Palacio (Spain)                           Giuseppe Scognamiglio (Italy)
                                              Former Sherpa to the President of the Former Foreign Minister; former Senior           Executive Vice President, Head of Public
                                              French Republic; former Ambassador to President and General Counsel of the             Affairs, UniCredit Spa
                                              the United States                     World Bank Group                                 Narcís Serra (Spain)
                                              Sonia Licht (Serbia)                     Simon Panek (Czech Republic)                  Chair of CIDOB Foundation; former Vice
                                              President, Belgrade Fund for Political   Chairman, People in Need Foundation           President of the Spanish Government
                                              Excellence
                                                                                       Chris Patten (United Kingdom)                 Radosław Sikorski (Poland)
                                              Juan Fernando López Aguilar                                                            Foreign Minister
                                                                                       Chancellor of Oxford University and co-
                                              (Spain)                                  chair of the International Crisis Group;
                                                                                       former EU Commissioner                        Aleksander Smolar (Poland)
                                              Member of the European Parliament;                                                     Chairman of the Board, Stefan Batory
                                              former Minister of Justice                                                             Foundation
                                                                                       Diana Pinto (France)
                                              Adam Lury (United Kingdom)               Historian and author                          Javier Solana (Spain)
                                              CEO, Menemsha Ltd                                                                      Former EU High Representative for the
                                                                                       Jean Pisani-Ferry (France)
                                              Monica Macovei (Romania)                 Director, Bruegel; Professor, Université      Common Foreign and Security Policy &
                                              Member ot the European Parliament        Paris-Dauphine                                Secretary-General of the Council of the
                                                                                                                                     EU; former Secretary General of NATO
                                              Emma Marcegaglia (Italy)                 Ruprecht Polenz (Germany)
                                              CEO of Marcegaglia S.p.A; former         Member of Parliament; Chairman of the         George Soros (Hungary/USA)
                                              President, Confindustria                 Bundestag Foreign Affairs Committee           Founder and Chairman, Open Society
                                                                                                                                     Foundations
                                              Katharina Mathernova (Slovakia) Lydie Polfer (Luxembourg)                              Teresa de Sousa (Portugal)
                                              Senior Adviser, World Bank               Member of Parliament; former Foreign
                                                                                       Minister                                      Journalist
                                              Inigo Mendez de Vigo (Spain)             Charles Powell                                Goran Stefanovski (Macedonia)
                                              Secretary of State for the European                                                    Playwright and Academic
                                                                                       (Spain/United Kingdom)
                                              Union                                    Director, Real Instituto Elcano               Rory Stewart (United Kingdom)
                                                                                                                                     Member of Parliament
                                              David Miliband (United                   Andrew Puddephatt
                                              Kingdom)                                 (United Kingdom)                              Alexander Stubb (Finland)
                                                                                       Director, Global Partners & Associated        Minister for Foreign Trade and
                                              Member of Parliament; Former                                                           European Affairs; former Foreign
                                              Secretary of State for Foreign and       Ltd.
                                                                                                                                     Minister
                                              Commonwealth Affairs                     Vesna Pusic (Croatia)
                                                                                                 ´
                                              Alain Minc (France)                      Foreign Minister                              Michael Stürmer (Germany)
                                                                                                                                     Chief Correspondent, Die Welt
                                              President of AM Conseil; former          Robert Reibestein
                                              chairman, Le Monde                                                                     Ion Sturza (Romania)
                                                                                       (The Netherlands)
                                                                                       Director, McKinsey & Company                  President, GreenLight Invest; former
                                              Nickolay Mladenov (Bulgaria)                                                           Prime Minister of the Republic of
                                              Foreign Minister; former Defence
                                              Minister; former Member of the           George Robertson                              Moldova
                                              European Parliament                      (United Kingdom)                                    ´
                                                                                                                                     Paweł Swieboda (Poland)
                                                                                       Former Secretary General of NATO              President, Demos EUROPA - Centre for
                                              Dominique Moïsi (France)                                                               European Strategy
                                              Senior Adviser, IFRI                     Albert Rohan (Austria)
                                                                                       Former Secretary General for Foreign          Teija Tiilikainen (Finland)
                                              Pierre Moscovici (France)                Affairs                                       Director, Finnish Institute for
                                              Finance Minister; former Minister for                                                  International Relations
                                              European Affairs                         Adam D. Rotfeld (Poland)
                                                                                       Former Minister of Foreign Affairs;           Luisa Todini (Italy)
                                              Nils Muiznieks (Latvia)                  Co-Chairman of Polish-Russian Group
                                              Council of Europe Commissioner for       on Difficult Matters, Commissioner of         Chair, Todini Finanziaria S.p.A
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                                                                                                                                     Former Deputy PM and Minister of
                                              Professor of Democracy Studies, Hertie   Daniel Sachs (Sweden)                         Education
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                                              Professor of International Relations,
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Afghanistan: Europe’s               Ukraine
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Can the EU win the Peace in                                            Richard, July 2011 (ECFR/37)
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Nicu Popescu, Mark Leonard and      Strategy for a Post-Western        Palestinian Statehood at the      emerging special relationship
Andrew Wilson, August 2008          World                              UN: Why Europeans Should          matters for Europe
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Power at the UN                     The EU and Human Rights            The EU and Human Rights at        After Merkozy: How France
Richard Gowan and Franziska         at the UN: 2010 Review             the UN: 2011 Review               and Germany can make
Brantner, September 2008            Richard Gowan and Franziska        Richard Gowan and Franziska       Europe work
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Re-wiring the US-EU relationship    Kobzova & Andrew Wilson,
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Shaping Europe’s Afghan Surge       Thomas Klau and François           Dworkin, November 2011            June 2012 (ECFR/58)
Daniel Korski, March 2009           Godement, December 2010            (ECFR/41)
(ECFR/11)                           (ECFR/26)                                                            The Case for Co-operation in
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A Power Audit of EU-China           The EU and Belarus after           “Germany of the South”?           Richard Gowan, June 2012
Relations                           the Election                       José Ignacio Torreblanca and      (ECFR/59)
John Fox and Francois Godement,     Balázs Jarábik, Jana Kobzova       Mark Leonard, November 2011
April 2009 (ECFR/12)                and Andrew Wilson, January         (ECFR/42)                         The Periphery of the Periphery:
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Beyond the “War on Terror”:                                            Four Scenarios for the            Euro Crisis
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Framework for Counterterrorism      and the Transition in Tunisia      Mark Leonard, November 2011       (ECFR/60)
Anthony Dworkin, May 2009           Susi Dennison, Anthony Dworkin,    (ECFR/43)
(ECFR/13)                           Nicu Popescu and Nick Witney,                                        Lebanon: Containing Spillover
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The Limits of Enlargement-lite:                                        Ben Judah, Jana Kobzova and       Julien Barnes-Dacey, September
European and Russian Power in       European Foreign Policy            Nicu Popescu, November 2011       2012 (ECFR/61)
the Troubled Neighbourhood          Scorecard 2010                     (ECFR/44)
Nicu Popescu and Andrew             March 2011 (ECFR/29)                                                 A Power Audit of EU-North
Wilson, June 2009 (ECFR/14)                                            Rescuing the euro: what is        Africa Relations
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The EU and human rights at the      How Europe can get the             François Godement, November       Dworkin, September 2012
UN: 2009 annual review              Germany it needs                   2011 (ECFR/45)                    (ECFR/62)
Richard Gowan and Franziska         Ulrike Guérot and Mark Leonard,
Brantner, September 2009            April 2011 (ECFR/30)               A “Reset” with Algeria: The       Transnistria: A bottom-up
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What does Russia think?             Lessons from the Eastern           Dennison, December 2011           September 2012 (ECFR/63)
edited by Ivan Krastev, Mark        Neighbourhood                      (ECFR/46)
Leonard and Andrew Wilson,          Nicu Popescu and Andrew                                              Why the Euro Crisis threatens
September 2009 (ECFR/16)            Wilson, May 2011 (ECFR/31)         Ukraine after the Tymoshenko      the European Single Market
                                                                       verdict Andrew Wilson,            Sebastian Dullien, October 2012
                                                                       December 2011 (ECFR/47)           (ECFR/64)
                                                                                                                                            9
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THE EU AND UKRAINE AFTER THE 2012 ELECTIONS Andrew Wilson

  • 1.
    MEMO POLICY THE EU AND UKRAINE AFTER THE 2012 ELECTIONS Andrew Wilson Relations between the EU and Ukraine are at an impasse. Relations between the EU and Ukraine are at an The last two years have been dominated by rows over the SUMMARY SUMMARY impasse after two years dominated by rows over selective prosecution of regime opponents, in particular the the selective prosecution of regime opponents, conviction of former Prime Minister Yuliya Tymoshenko in particular the conviction of former Prime in October 2011, and an accelerating trend towards a more Minister Yuliya Tymoshenko in October 2011, authoritarian and corrupt style of rule in Ukraine. Attention and authoritarianism and corruption in Ukraine. has now turned to the parliamentary elections held on 28 However, the real danger following the elections on 28 October is not electoral fraud but the way that October 2012 as a different test of Ukraine’s democratic the authorities are now entrenching themselves in bona fides. The opposition rightly feels aggrieved that the power by every possible means. Members of the authorities have denied them a possible victory. There literal and metaphorical “family” around President was some direct fraud, particularly in the new territorial Yanukovych are using their power to enrich constituencies.1 But in general the authorities sought to themselves on an unprecedented scale. The EU rig the election by other methods such as the covert use of cannot afford to simply wait until the next contest “political technology” and a change in the voting system in 2015. that the opposition ironically agreed to back in 2011. Paradoxically, this meant that in many ways the election The EU must think creatively to find a way to was more competitive than expected – but only because the move beyond this impasse. It should better define authorities were confident they would win. conditionality in the three key areas of selective prosecutions, the conduct of elections and “reform”. It should apply the Association Agreement and The recent focus on the elections has broadened the European Deep and Comprehensive Free Trade Agreement view from the Tymoshenko case to look at how things have with Ukraine that have been on hold since last deteriorated across the board. But there is also a danger December, if necessary selectively or provisionally, that the EU will move the goalposts and make the conduct but take a tougher line in other areas, for example by of the elections the only criterion for deciding whether or imposing a visa ban on leading figures in the regime not it should restart relations with Ukraine, or judge the and auditing suspect “family” companies in the EU. authorities more on past than on present behaviour and At the same time, the EU should liberalise visas, use a critique of the elections to move towards a de facto encourage educational exchanges and support the 1 The Ukrainian parliament has 450 MPs. After the “Orange Revolution” in 2004, it was emergence of new independent actors in Ukraine thought better that all of them should be elected by proportional representation. But in who are worried by the rise of the “family”. 2011 the government forced through a return to the earlier system, under which half of MPs would be elected by PR, and the other half in territorial constituencies, where so- called administrative resources (that is, state-directed fraud) had more weight.
  • 2.
    isolation policy. InNovember the Foreign Affairs Council the other of acting as a Trojan horse and secretly planning THE EU AND UKRAINE AFTER THE 2012 ELECTIONS will decide whether to move forward with the Association to ally with the Party of Regions after the elections. Divisions Agreement (AA) and Deep and Comprehensive Free Trade within the main parties are manifold, and where they do not Agreement (DCFTA) with Ukraine that have been on hold exist they are created by the authorities’ malign influence. since last December. The annual EU-Ukraine summit is still The opposition shouldn’t even be the opposition in the scheduled for some time before the end of this year, though outgoing parliament, as it won the last elections in 2007. neither side is particularly enthusiastic. Some in the EU are But disunity in its ranks has repeatedly led to defections minded to sign the agreements, in part because the process and failure to block or effectively resist key measures like of ratification by member states is likely to get bogged down the election law itself in November 2011 or the new Law on anyway. Others want to use the agreements to enforce red Languages in July 2012. lines on political prosecutions or democratic deterioration. The position of the opposition is being further weakened However, neither approach will help transform Ukraine by the revival of so-called “political technology” (the local into the kind of society the EU would like to see. Signing the black arts of covert manipulation). Many of the “opposition” agreements prematurely would undermine conditionality; parties running in the election were in reality covert projects leaving them on ice leaves the EU without leverage. The of the authorities. Forward Ukraine! and its leader Nataliya EU therefore needs to think of creative ways of regaining Korolevska act like radical opposition forces, but are in influence while maintaining red lines on values – not least reality what is known locally as “clones” – that is, copies because the political situation in Ukraine could easily of other parties financed by leading oligarchs that try to deteriorate further. A tightening of the screws on independent take the place of the old opposition – hence the choice of media and on the still strong independent NGO sector is a young, glamorous female leader to compete with Yuliya possible after the elections. The row over the Tymoshenko Tymoshenko. The authorities prevented some opposition case was bad enough. But unless the EU regains traction, parties such as UDAR from campaigning in eastern Ukraine, there will be worse to come. The authorities are entrenching where the Party of Regions is relatively sanguine about themselves in power by every possible means, and members losing votes to other parties such as the Communists, as it of the literal and metaphorical “family” around President knows the Communists will be a reliable part of any future Yanukovych are using that power to enrich themselves on an super-majority. unprecedented scale. The EU cannot afford to wait until the next contest in 2015. Even the genuine opposition parties are now all financially dependent on oligarchic sponsors, often even from the authorities’ own ranks. Ukraine’s richest man, Rinat The return of “political technology” Akhmetov, supposedly spent $80 million on Forward Ukraine! – though he allegedly cut funding because the There were some encouraging signs of democratic vitality in project was threatening to take votes off the Party of the October elections. The mass media opened up a little, if Regions. The Communists are sponsored to the tune of $25 only temporarily. The authorities were unable to prevail in million by Ihor Koletnik, the head of the Customs Service.2 several key hotly contested constituency races. The United This financing illustrates how threatened some Ukrainian Opposition coalition built around Tymoshenko’s Fatherland oligarchs feel by the rise of Yanukovch’s “family”. At the same party came second, even though she was not allowed to stand. time, however, such funding reduces the real independence But while the EU has tended to focus on election fraud and of the “opposition”. the selective prosecution of political opponents, democracy in Ukraine is now being undermined in many other ways. The opposition parties have also been seeded with so-called The judicial “reform” pushed through in 2010 now gives the tushki – individuals who are known to be easily bribeable state the power to put anyone it wants in prison. The legal and are pre-programmed to defect after the election3. The system has become totally politicised; conviction rates are problem of bribery and the defection of MPs has been over 99 percent. The judiciary is used to silence enemies around for a long time. In 2004, changes to the constitution www.ecfr.eu and to legitimise the increasing problem of raidertsvo, or the were agreed that required MPs to stay in the parties they theft by oligarchs of each others’ businesses. Even the release were elected to serve and to ensure that the government of Tymoshenko would not solve this more fundamental “majority” was made up of parties rather than individuals. problem. But in a blatantly partial ruling in 2010 the constitutional court reversed that decision. At least 80 percent of November 2012 Where the opposition did well, it was despite its own “independent” MPs will be persuaded to join the authorities’ weaknesses. Many of its leading figures played safe and stood camp by the same means. Thus even though the Party of on party lists rather than take on the ruling Party of Regions Regions did not win the headline vote, together with the fake directly in the constituencies. The three main opposition opposition, “independents” and tushki, it still has a majority parties – Fatherland, UDAR (known as “Punch” because it is and is within reach of the 300 out of 450 seats in the new ECFR/65 led by the boxer Vitaliy Klichko) and the far-right Freedom parliament it needs to change the constitution. The three Party – could only reach a partial agreement on withdrawing 2 Author interview with leading local political technologist Taras Berezovets, 20 in each others’ favour in the constituencies. Each suspects September 2012. 2 3 Tushka means the corpse of a small animal – something like “roadkill”.
  • 3.
    main opposition partieswill have to show an uncharacteristic Fragile pluralism level of solidarity to prevent this happening. The authorities are not far short of a two-thirds majority in the new parliament that would allow them to change The rise of the “family” the constitution. For example, they could decide to allow Yanukovych to be “re-elected” by parliament in 2015 rather Corruption has also increased substantially since the 2010 than directly by the people. Alternatively, as the authorities elections. Yanukovych has increasingly vested power and now control almost all political branches of state, they could wealth in a literal and metaphorical “family”. The president’s target remaining independent centres of power before any oldest son Oleksandr Yanukovych and his associates have taken such challenges arise. Since 2010, the authorities have over the central bank and tax, finance and law enforcement been gradually tightening control over independent media, agencies, and used that power to take over rival businesses.4 not by restoring direct censorship, but by challenging This began with businesses owned by supporters of the losing and redistributing oligarchic control. As Serhiy Kudelya side in 2010 and Ukraine’s vulnerable SME sector. Now the puts it, “control over the leading television channels by “family” has shifted to targeting major oligarchs. “Grabbing oligarchic moguls close to Yanukovych has produced a property started with the supporters of the orange elite, but more decentralized system of self-censorship”.7 The new now it is danger of spreading to the relatively loyal guys,” preference is for so-called usnyky, or verbal instructions says leading Ukrainian analyst Mykhailo Honchar.5 Over from the presidential administration to TV owners in the last year, the “family” has begun moving into the coal person. Thus the media remains pluralistic but is highly business, electricity, telecommunications and agriculture. corrupt. According to one UDAR adviser, “all media is now Land privatisation is scheduled finally to move forward after paid for, and we have to play that game”.8 the elections, but amendments to the law recently created a new state land bank that would have first right of purchase The authorities may drop their relatively hands-off approach if peasant farmers chose to sell their land, leading to fears to the media once the vote is over, just as they did once the that “family” businesses will quickly accumulate the largest Euro 2012 final in Kyiv was out of the way, in part so that parcels of Ukraine’s rich farm land. the “family” can muscle in on the local media market. The campaign that began in the summer against Ukraine’s last Ukraine’s co-hosting of the Euro 2012 football championship remaining TV channels like TVi and independent outlets finals was marred by controversies over the privileged role like the paper and popular web site Left Bank, as well as of shadowy contractor companies linked to the “family” like sites modelled on Alexey Navalny’s campaigns in Russia like Altcom. Rake-offs and over-payments cost the Ukrainian parklikeidiot.com.ua and nashigroshi.org (“Our Money”), taxpayer hundreds of millions of dollars. In August 2012, which looks at corruption in public contracts, may well be Yanukovych signed a law cancelling the obligation of state resumed. companies to hold tenders for the purchase of goods and services when they use their own funds. Yuliya Mostova, Meanwhile Ukraine’s relatively free NGO sector looks the editor of Ukraine’s main independent paper Mirror like an increasing anomaly. The number of registered of the Week, argues that Yanukovych’s goal is simple. “He NGOs has actually grown in recent years. Ukraine has not wants to be the richest man in Eastern Europe”, she says. yet followed Russia by forcing out “foreign” NGOs and “Yanukovych is the first president of Ukraine who needs a substituting them with Kremlin-friendly “government- controlling share not only of all power in the country but of organised NGOs” or GONGOs (Russia’s own measures all its business too.”6 were ironically a reaction to Ukraine’s Orange Revolution in 2004). But the Ukrainian authorities are now setting up The power of the “family” is likely to grow further after the “clone” NGOs such as For Fair Elections, which predictably elections as Serhiy Arbuzov, the current head of the central gave the October elections a clean bill of health.9 Ironically bank and “curator” of the many “family” businesses, moves to and sadly for the country that staged famous mass protests become first deputy prime minister or even prime minister. against the last rigged elections in 2004, the organisation of Because the interests of the “family” are currently all within crowds and demonstrations is now a professional business Ukraine, its members are immune to the argument that – demonstrators, often students, are paid to turn up.10 Ukraine needs the agreements with the EU. However, other Precisely because many NGOs played a key role in election oligarchs who trade or invest abroad are deeply worried monitoring, a “final front” against them about the threat to their business interests. could be opened after the elections. 7 Serhiy Kudelya, “Politics and Democracy in Ukraine”, in Taras Kuzio and Daniel Hamilton (eds.), Open Ukraine: Changing Course Towards a European Future (Washington, DC: Center for Transatlantic Relations, 2011), pp. 1-20 and pp. 10-11. 8 Author interview, 19 September 2012. 9 “The observers from For Fair Elections saw no serious violations and talk about the 4 See the analysis of his expanding empire by Sevgil Musaeva, “How the Business of the ‘new developments’ in the upcoming elections in Ukraine”, Komsomolskaya Pravda in President’s Elder Son Works”, Forbes Ukraine, 3 September 2012, at http://forbes.ua/ Ukraine, 25 October 2012, available at http://kp.ua/daily/251012/362845/ magazine/forbes/1336398-kak-rabotaet-biznes-starshego-syna-prezidenta 10 Yegor Vasylyev, “The Funny Business of Ukrainian Political Rallies”, Transitions 5 Author interview, 8 November 2011. Online , 9 February 2012, available at www.tol.org/client/article/22988-the-funny- 6 Author interview with Yuliya Mostova, 8 November 2011; Yuliia Mostova, “Semostiinyi business-of-ukrainian-political-rallies.html; Richard Boudreaux, “Bucks Populi: Making Yanukovych”, Dzerkalo tyzhnia , 1 June 2012, available at http://dt.ua/POLITICS/ Democracy a Going Concern in Kiev”, The Wall Street Journal , 5 February 2010. semostiyniy_yanukovich-103152.html. 3
  • 4.
    On the otherhand, the opposition has a strong defensive areas, particularly on the Tymoshenko case: some EU leaders THE EU AND UKRAINE AFTER THE 2012 ELECTIONS position in the new parliament and there are signs of have asked for her release; others have complained at new dissatisfaction and division within the ruling elite. The EU charges being laid against her; and others have criticised should support political and economic pluralism wherever the conditions in which she is held. The EU therefore needs it can. to agree a standard that is both substantive and actionable: asking the Ukrainian authorities to comply fully with any ruling of the European Court on Human Rights is one The customs union bluff possibility. On elections, the final OSCE-ODIHR report should be as rounded as possible, looking at “political Even before the AA and the DCFTA were frozen in December technology” as well as simple fraud, but also noting areas in 2011, the EU was not good at explaining the benefit of them to which the authorities’ will or schemes did not prevail. The Ukrainians. Since the agreements were frozen, the Ukrainian EU should press for “reform” in areas that enable progress media has been increasingly stressing their downside – on other fronts, such as dropping the provisions in the anti- which is not insignificant, given the cost of implementing discrimination legislation that are incompatible with visa such a large proportion of the acquis communautaire,11 This liberalisation. argument has particular traction with hard-pressed SMEs, which are suffering as the Ukrainian economy seems to be The second step should be provisional application of the going into another recession. Ukraine’s SME sector was agreements with the EU. If necessary, the AA could be already too small for an economy of its size, but has actually split to allow the DCFTA and sectoral parts to be enacted shrunk in recent years to less than 20 percent of GDP. on their own without the “political” and justice sections. Banks have virtually stopped lending to SMEs, particularly Alternatively, the agreements could remain in deep freeze, because they have been renationalised since 2008 – the but the EU could continue with sectoral integration on the share of banking assets owned by Western banks has fallen basis of parallel sectoral agreements. Defining a dividing from a peak of 42 percent in early 2009 to 25 percent in the line between what is EU competence (most of the DCFTA) first half of 2012.12 The new owners favour lending to big and what is member-state competence will be difficult but oligarchs – which often means themselves. not impossible. The Ukrainian authorities intend to use the elections to There was always a strong case both for the agreements, restore their legitimacy in the West. If it is not forthcoming, which will help transform Ukrainian society in the long they will blackmail the West by threatening to join the run, and for red lines. But it makes little sense to block the Russia-led customs union. But this is a bluff. In fact, only a agreements to punish Ukraine. Rather, the EU should take a handful of oligarchs, mainly the so-called gas lobby, would tougher line in other areas in order to allow the agreements see gains in such a union. Ironically, it is the hard-pressed to be revived. The advocates of a tougher approach will SME sector, rather than the oligarchs, that may be tempted hopefully feel happier about the agreements going forward by the idea of a customs union with Russia. Even more if they can see that action is being taken elsewhere. The ironically, the “family” would not gain at all if Ukraine were resolution on Ukraine passed by the US Senate in September more open to Russian capital. is the beginning of a trend towards the construction of a Ukrainian equivalent of the “Magnitsky List”. 13 The European Commission is investigating Gazprom. The EU Policy recommendations should start with a visa ban on Renat Kuzmin, the deputy prosecutor responsible for the trials of Tymoshenko and The current impasse means that doing nothing will simply former Interior Minister Yuriy Lutsenko. allow these worrisome trends to get worse. The mooted solution of signing the agreements if the elections are deemed The EU should also audit the activities of suspect “family” “not too bad” is just as dangerous. It would completely companies in Austria, Cyprus and Luxembourg (and in undermine conditionality, which was originally applied over Liechtenstein and Switzerland), which break existing EU law. www.ecfr.eu selective prosecutions, and deepen the regime’s current This need not be formal “sanctions”; it can be undertaken sense of impunity. Creative thinking is therefore needed by national financial security agencies. The US is currently in order to get round the impasse and move relations onto taking a tougher line, but most of the Ukrainian elite’s another page. The Tymoshenko case is only one of many financial malfeasance is within the EU and dependencies problems. Her release should be an ultimate goal but not like the British Virgin Islands. For example, the Activ Solar November 2012 the only immediate goal. company, which is based in Vienna, allegedly acts as a front for government circles that are siphoning off budget money The first step is to better define conditionality in the three and circulating it back home tax free.14 In this sense, the lack key areas of selective prosecutions, the conduct of elections of Western interest would be fatal for Ukraine. and “reform”. There are too many EU voices in all three ECFR/65 11 See Rafał Sadowski, “The Prospects for the EU-Ukraine free trade agreement”, Centre 13 The text can be found at http://inhofe.senate.gov/public/index. for Eastern Studies, 18 October 2012, http://www.osw.waw.pl/en/publikacje/osw- cfm?FuseAction=Files.View&FileStore_id=26d65aab-4ed1-4173-8f61-c05809c5b0ac. commentary/2012-10-18/prospects-euukraine-free-trade-agreement 14 See the article by Serhiy Leshchenko “Tax Haven of Yanukovych and Kluyev”, 22 12 Yevhen Hrebenyuk, “Foreign Banks Flee Ukraine”, Ukrainian Week , 23 October January 2012, translated at http://eastbook.eu/en/2012/01/material-en/news-en/ 4 2012, http://ukrainianweek.com/Economics/63007. serhyi-leshchenko-tax-haven-of-yanukovych-and-kluyev/
  • 5.
    The third stepshould be to press ahead with parallel measures. The authorities’ propaganda relies heavily on the argument that the EU cares only about Tymoshenko and not about ordinary Ukrainians. Visa liberalisation should therefore be a part of any scenario. Ratification by the European Parliament of the new amended Visa Facilitation Agreement signed in July has also been blocked because of the Tymoshenko affair, but should now move forward. Now that Ukraine has introduced biometric passports it should be within sight of the second, post-legislative stage of its Visa Liberalisation Action Plan. Wider travel will liberalise Ukraine in the long run. So would easier internal travel, if budget airlines could be attracted to Ukraine as a result of an Open Skies Agreement. Changes to the Erasmus education exchange programme will also benefit Ukraine, but the EU needs to be wary of encouraging a “brain drain” from Ukraine and should instead encourage a two-way process with schemes to encourage visiting students and experts from the West. The EU should also be much more proactive about advertising the economic and social benefits of the agreements. It should develop a positive communication strategy, involving local NGOs, to sell the agreements to local stakeholders. The EU should also support the emergence of new independent actors in Ukraine. Western loans and investments, for example, help protect business against raidertsvo. The EU should help revive lending schemes for SMEs, which are not working as they might – from the European Bank for Reconstruction and Development and the World Bank. Finally, the EU should open other channels to circumvent the current dialogue of the deaf. The European Parliament’s Kwasniewski/Cox mission to monitor selective prosecutions, which is currently suspended for the duration of the elections, can be replicated and expanded. The EU should give a voice to business circles that are worried by the rise of the “family”. Conclusion Ukraine’s leaders behave like they have immunity and impunity, as if Ukraine were a vital raw material supplier or possessed of other geopolitical importance. In reality, they only have power in isolation. The EU should not fear continuing to apply tough standards to Ukraine. But the EU needs leverage and should also work harder to show it is on the side of Ukraine’s beleaguered democratic, liberal and economically constructive forces. Once Ukraine develops proper relations with Europe appropriate to its size, location and economic potential, the EU’s leverage will be much higher. It’s time to show Ukraine some tough love. 5
  • 6.
    About the author Acknowledgements THE EU AND UKRAINE AFTER THE 2012 ELECTIONS Andrew Wilson is a Senior Policy Fellow at the European The author would like to acknowledge the help of Jana Council on Foreign Relations and a reader in Ukrainian Kobzova for her useful advice and Hans Kundnani for Studies at the School of Slavonic and East European Studies his excellent and speedy editing, as well as the following (SSEES) at University College London. He has previously interviewees in Ukraine: Olexiy Haran, Rostyslav Pavlenko, held academic positions at the London School of Economics Taras Berezovets, Yuliya Mostova, Alyona Getmanchuk, and Cambridge. His most recent books are Belarus: The Mykhailo Honchar, Oleksandr Lytvynenko and members of Last European Dictatorship (2011) and The Ukrainians: the EU delegation in Kiev. Unexpected Nations (third edition, 2009). His publications for ECFR include Ukraine after the Tymoshenko verdict (2011) and Turning Presence into Power: Lessons from the Eastern Neighbourhood (with Nicu Popescu). www.ecfr.eu November 2012 ECFR/65 6
  • 7.
    Among members ofthe European Council on Foreign Relations are John Bruton (Ireland) Hanzade Dogan Boyner ˘ Heidi Hautala (Finland) Former European Commission (Turkey) Minister for International Development former prime ministers, presidents, Ambassador to the USA; former Prime Chair, Dog Gazetecilik and Dog ˘an ˘an European commissioners, current Minister (Taoiseach) On-line Sasha Havlicek (United and former parliamentarians and Kingdom) ministers, public intellectuals, Ian Buruma (The Netherlands) Andrew Duff (United Kingdom) Executive Director, Institute for Strategic business leaders, activists and Writer and academic Member of the European Parliament Dialogue (ISD) cultural figures from the EU member Erhard Busek (Austria) Mikuláš Dzurinda (Slovakia) Connie Hedegaard (Denmark) states and candidate countries. Chairman of the Institute for the Former Foreign Minister Danube and Central Europe Commissionr for Climate Change Hans Eichel (Germany) Asger Aamund (Denmark) Former Finance Minister Steven Heinz (Austria) President and CEO, A. J. Aamund A/S Jerzy Buzek (Poland) Co-Founder & Co-Chairman, and Chairman of Bavarian Nordic A/S Member of the European Parliament; Rolf Ekeus (Sweden) Lansdowne Partners Ltd Former Executive Chairman, United Urban Ahlin (Sweden) former President of the European Nations Special Commission on Iraq; Annette Heuser (Germany) Deputy Chairman of the Foreign Parliament; former Prime Minister former OSCE High Commissioner on Executive Director, Bertelsmann Affairs Committee and foreign Gunilla Carlsson (Sweden) National Minorities; former Chairman Foundation Washington DC policy spokesperson for the Social Minister for International Development Stockholm International Peace Democratic Party Cooperation Research Institute, SIPRI Diego Hidalgo (Spain) Co-founder of Spanish newspaper Martti Ahtisaari (Finland) Maria Livanos Cattaui Uffe Ellemann-Jensen (Denmark) El País; President, FRIDE Chairman of the Board, Crisis Chairman, Baltic Development Forum; Management Initiative; former (Switzerland) former Foreign Minister Jaap de Hoop Scheffer (The President Former Secretary General of the International Chamber of Commerce Steven Everts (The Netherlands) Netherlands) Giuliano Amato (Italy) Adviser to the Vice President of the Former NATO Secretary General Former Prime Minister and vice Ipek Cem Taha (Turkey) European Commission and EU High President of the European Convention; Director of Melak Investments/ Danuta Hübner (Poland) Representative for Foreign and Security Member of the European Parliament; Chairman, Centre for American Journalist Policy Studies; Chairman, Enciclopedia former European Commissioner Treccani Carmen Chacón (Spain) Tanja Fajon (Slovenia) Former Minister of Defence Anna Ibrisagic (Sweden) Member of the European Parliament Member of the European Parliament Gustavo de Aristegui (Spain) Charles Clarke (United Member of Parliament Gianfranco Fini (Italy) Jaakko Iloniemi (Finland) Kingdom) President, Chamber of Deputies; Former Ambassador and former Viveca Ax:son Jonhson Visiting Professor of Politics, University former Foreign Minister Executive Director, Crisis Management (Sweden) of East Anglia; former Home Secretary Joschka Fischer (Germany) Initiative Chairman of Nordstjernan AB Nicola Clase (Sweden) Former Foreign Minister and vice- Toomas Ilves (Estonia) Gordon Bajnai (Hungary) Ambassador to the United Kingdom; Chancellor President Former Prime Minister former State Secretary Karin Forseke (Sweden/USA) Wolfgang Ischinger (Germany) Dora Bakoyannis (Greece) Daniel Cohn-Bendit (Germany) Chairman, Alliance Trust Plc Chairman, Munich Security Member of Parliament; former Foreign Member of the European Parliament Lykke Friis (Denmark) Conference; Global Head of Minister Government Affairs Allianz SE Robert Cooper (United Member of Parliament; former Minister Leszek Balcerowicz (Poland) Kingdom) for Climate, Energy and Gender Minna Järvenpää (Finland/US) Professor of Economics at the Warsaw Counsellor of the European External Equality International Advocacy Director, Open School of Economics; former Deputy Action Service Society Foundation Prime Minister Jaime Gama (Portugal) Gerhard Cromme (Germany) Former Speaker of the Parliament; Mary Kaldor (United Kingdom) Lluís Bassets (Spain) Chairman of the Supervisory Board of former Foreign Minister Professor, London School of Economics Deputy Director, El País the ThyssenKrupp Timothy Garton Ash Ibrahim Kalin (Turkey) Marek Belka (Poland) Maria Cuffaro (Italy) (United Kingdom) Senior Advisor to the Prime Minister Governor, National Bank of Poland; Anchorwoman, TG3, RAI Professor of European Studies, of Turkey on foreign policy and public former Prime Minister Oxford University diplomacy Daniel Daianu (Romania) Roland Berger (Germany) Professor of Economics, National Carlos Gaspar (Portugal) Sylvie Kauffmann (France) Founder and Honorary Chairman, School of Political and Administrative Chairman of the Portuguese Institute Editorial Director, Le Monde Roland Berger Strategy Consultants Studies (SNSPA); former Finance of International Relations (IPRI) GmbH Minister Olli Kivinen (Finland) Teresa Patricio Gouveia Writer and columnist Erik Berglöf (Sweden) Massimo D’Alema (Italy) (Portugal) Chief Economist, European Bank for President, Italianieuropei Foundation; Trustee to the Board of the Calouste Ben Knapen (The Netherlands) Reconstruction and Development President, Foundation for European Gulbenkian Foundation; former Minister for European Affairs and Progressive Studies; former Prime Foreign Minister International Cooperation Jan Krzysztof Bielecki (Poland) Minister and Foreign Minister Chairman, Prime Minister’s Economic Heather Grabbe (United Gerald Knaus (Austria) Council; former Prime Minister Marta Dassù (Italy) Chairman of the European Stability Under Secretary of State for Foreign Kingdom) Initiative and Carr Center Fellow Carl Bildt (Sweden) Affairs Executive Director, Open Society Foreign Minister Institute – Brussels Caio Koch-Weser (Germany) Ahmet Davutoglu (Turkey) Vice Chairman, Deutsche Bank Group; Henryka Bochniarz (Poland) Foreign Minister Charles Grant (United Kingdom) former State Secretary President, Polish Confederation of Director, Centre for European Reform Private Employers – Lewiatan Aleš Debeljak (Slovenia) Bassma Kodmani (France) Poet and Cultural Critic Jean-Marie Guéhenno (France) Executive Director of the Arab Reform Svetoslav Bojilov (Bulgaria) Deputy Joint Special Envoy of the Initiative Founder, Communitas Foundation and Jean-Luc Dehaene (Belgium) United Nations and the League of President of Venture Equity Bulgaria Member of the European Parliament; Arab States on Syria Rem Koolhaas (The Ltd. former Prime Minister Netherlands) Elisabeth Guigou (France) Ingrid Bonde (Sweden) Architect and urbanist; Professor at the Gianfranco Dell’Alba (Italy) Member of Parliament and President Graduate School of Design, Harvard CFO & Deputy CEO, Vaffenfall AB Director, Confederation of Italian of the Foreign Affairs Committee University Industry (Confindustria) - Brussels Emma Bonino (Italy) office; former Member of the European David Koranyi (Hungary) Vice President of the Senate; former EU Parliament Fernando Andresen Guimarães Deputy Director, Dinu Patriciu Eurasia Commissioner (Portugal) Center of the Atlantic Council of the Pavol Demeš (Slovakia) Head of the US and Canada Division, Stine Bosse (Denmark) Senior Transatlantic Fellow, German United States Chairman and Non-Executive Board European External Action Service Marshall Fund of the United States Bernard Kouchner (France) Member (Bratislava) Karl-Theodor zu Guttenberg Former Minister of Foreign Affairs Kemal Dervis (Turkey) (Germany) Ivan Krastev (Bulgaria) Han ten Broeke Vice-President and Director of Global Former Defence Minister Chair of Board, Centre for Liberal (The Netherlands) Economy and Development István Gyarmati (Hungary) Strategies Member of Parliament and President and CEO, International spokesperson for foreign affairs Tibor Dessewffy (Hungary) Aleksander Kwasniewski ´ President, DEMOS Hungary Centre for Democratic Transition and defence (Poland) Hans Hækkerup (Denmark) Former President Former Chairman, Defence Commission; former Defence Minister Mart Laar (Estonia) Minister of Defence; former Prime 7
  • 8.
    Minister Andrzej Olechowski (Poland) Marietje Schaake Stelios Zavvos (Greece) THE EU AND UKRAINE AFTER THE 2012 ELECTIONS Former Foreign Minister (The Netherlands) CEO, Zeus Capital Managers Ltd Miroslav Lajc (Slovakia) ˇák Member of the European Parliament Deputy Prime Minister and Foreign Dick Oosting (The Netherlands) Samuel Žbogar (Slovenia) Minister CEO, European Council on Foreign Klaus Scharioth (Germany) EU Representative to Kosovo; Former Relations; former Europe Director, Dean of the Mercator Fellowship foreign Minister Alexander Graf Lambsdorff Amnesty International on International Affairs; former (Germany) Ambassador of the Federal Republic of Member of the European Parliament Mabel van Oranje (The Germany to the US Netherlands) Pascal Lamy (France) Senior Adviser, The Elders Pierre Schori (Sweden) Honorary President, Notre Europe and Chair of Olof Palme Memorial Fund; Director-General of WTO; former EU Marcelino Oreja Aguirre (Spain) former Director General, FRIDE; former Commissioner Member of the Board, Fomento de SRSG to Cote d’Ivoire Construcciones y Contratas; former EU Bruno Le Maire (France) Commissioner Wolfgang Schüssel (Austria) Member of Parliament; Former Minister Member of Parliament; former for Food, Agriculture & Fishing Monica Oriol (Spain) Chancellor Mark Leonard (United Kingdom) CEO, Seguriber Karel Schwarzenberg Director, European Council on Foreign Cem Özdemir (Germany) Relations Leader, Bündnis90/Die Grünen (Green (Czech Republic) Party) Foreign Minister Jean-David Levitte (France) Ana Palacio (Spain) Giuseppe Scognamiglio (Italy) Former Sherpa to the President of the Former Foreign Minister; former Senior Executive Vice President, Head of Public French Republic; former Ambassador to President and General Counsel of the Affairs, UniCredit Spa the United States World Bank Group Narcís Serra (Spain) Sonia Licht (Serbia) Simon Panek (Czech Republic) Chair of CIDOB Foundation; former Vice President, Belgrade Fund for Political Chairman, People in Need Foundation President of the Spanish Government Excellence Chris Patten (United Kingdom) Radosław Sikorski (Poland) Juan Fernando López Aguilar Foreign Minister Chancellor of Oxford University and co- (Spain) chair of the International Crisis Group; former EU Commissioner Aleksander Smolar (Poland) Member of the European Parliament; Chairman of the Board, Stefan Batory former Minister of Justice Foundation Diana Pinto (France) Adam Lury (United Kingdom) Historian and author Javier Solana (Spain) CEO, Menemsha Ltd Former EU High Representative for the Jean Pisani-Ferry (France) Monica Macovei (Romania) Director, Bruegel; Professor, Université Common Foreign and Security Policy & Member ot the European Parliament Paris-Dauphine Secretary-General of the Council of the EU; former Secretary General of NATO Emma Marcegaglia (Italy) Ruprecht Polenz (Germany) CEO of Marcegaglia S.p.A; former Member of Parliament; Chairman of the George Soros (Hungary/USA) President, Confindustria Bundestag Foreign Affairs Committee Founder and Chairman, Open Society Foundations Katharina Mathernova (Slovakia) Lydie Polfer (Luxembourg) Teresa de Sousa (Portugal) Senior Adviser, World Bank Member of Parliament; former Foreign Minister Journalist Inigo Mendez de Vigo (Spain) Charles Powell Goran Stefanovski (Macedonia) Secretary of State for the European Playwright and Academic (Spain/United Kingdom) Union Director, Real Instituto Elcano Rory Stewart (United Kingdom) Member of Parliament David Miliband (United Andrew Puddephatt Kingdom) (United Kingdom) Alexander Stubb (Finland) Director, Global Partners & Associated Minister for Foreign Trade and Member of Parliament; Former European Affairs; former Foreign Secretary of State for Foreign and Ltd. Minister Commonwealth Affairs Vesna Pusic (Croatia) ´ Alain Minc (France) Foreign Minister Michael Stürmer (Germany) Chief Correspondent, Die Welt President of AM Conseil; former Robert Reibestein chairman, Le Monde Ion Sturza (Romania) (The Netherlands) Director, McKinsey & Company President, GreenLight Invest; former Nickolay Mladenov (Bulgaria) Prime Minister of the Republic of Foreign Minister; former Defence Minister; former Member of the George Robertson Moldova European Parliament (United Kingdom) ´ Paweł Swieboda (Poland) Former Secretary General of NATO President, Demos EUROPA - Centre for Dominique Moïsi (France) European Strategy Senior Adviser, IFRI Albert Rohan (Austria) Former Secretary General for Foreign Teija Tiilikainen (Finland) Pierre Moscovici (France) Affairs Director, Finnish Institute for Finance Minister; former Minister for International Relations European Affairs Adam D. 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  • 10.
    ABOUT ECFR The EuropeanCouncil on Foreign Relations (ECFR) is the first pan-European think-tank. Launched in October 2007, its objective is to conduct research and promote informed debate across Europe on the development of coherent, effective and values-based European foreign policy. ECFR has developed a strategy with three distinctive elements that define its activities: • pan-European Council. ECFR has brought together a A distinguished Council of over one hundred Members - politicians, decision makers, thinkers and business people from the EU’s member states and candidate countries - which meets once a year as a full body. Through geographical and thematic task forces, members provide ECFR staff with advice and feedback on policy ideas and help with ECFR’s activities within their own countries. The Council is chaired by Martti Ahtisaari, Joschka Fischer and Mabel van Oranje. • physical presence in the main EU member states. A ECFR, uniquely among European think-tanks, has offices in Berlin, London, Madrid, Paris, Rome, Sofia and Warsaw. In the future ECFR plans to open an office in Brussels. Our offices are platforms for research, debate, advocacy and communications. • distinctive research and policy development process. A ECFR has brought together a team of distinguished researchers and practitioners from all over Europe to advance its objectives through innovative projects with a pan-European focus. ECFR’s activities include primary research, publication of policy reports, private meetings and public debates, ‘friends of ECFR’ gatherings in EU capitals and outreach to strategic media outlets. ECFR is backed by the Soros Foundations Network, the Spanish foundation FRIDE (La Fundación para las Relaciones Internacionales y el Diálogo Exterior), the Bulgarian Communitas Foundation, the Italian UniCredit group, the Stiftung Mercator and Steven Heinz. ECFR works in partnership with other organisations but does not make grants to individuals or institutions. www.ecfr.eu The European Council on Foreign Relations does not take collective positions. This paper, like all publications of the European Council on Foreign Relations, represents only the views of its authors. Copyright of this publication is held by the European Council on Foreign Relations. You may not copy, reproduce, Design by David Carroll Co davidcarrollandco.com republish or circulate in any way the content from this publication except for your own personal and non-commercial use. Any other use requires the prior written permission of the European Council on Foreign Relations © ECFR November 2012. ISBN: 978-1-906538-65-1 Published by the European Council on Foreign Relations (ECFR), 35 Old Queen Street, London, SW1H 9JA, United Kingdom london@ecfr.eu