Homework for Cluster 1: what the EU Common Position on the Fundamentals requires
Now for the homework.
The opening of Cluster 1, "Fundamentals", was not only a political decision. At the same time, the EU officially published the Common Position, which sets out the main requirements and benchmarks for Ukraine in the most important cluster of the accession negotiations.
It comprises three horizontal components (democratic institutions, public administration reform and economic criteria) and five negotiating chapters.
In essence, this really is the foundation of the whole process: democracy, the rule of law, judicial reform, the fight against corruption, human rights, public administration, the economy, public procurement, statistics and financial control.
What the document says
A little on the content of the document: the essentials, in my view.
1. Democratic institutions
The EU recognises that Ukraine has preserved its democratic institutions even under martial law.
The expectations: improving electoral legislation in line with OSCE recommendations, transparency of party and campaign financing, stronger parliamentary oversight, and proper consultation with civil society. Separately, the EU calls for a more pluralistic media environment, including through the reassessment and phasing out of the TV marathon. The protection of civil society organisations and human rights defenders from pressure is also mentioned.
2. Public administration reform
Competitive recruitment to the civil service is to be reinstated, taking the security situation into account. The priorities include completing the pay reform, digitalising HR, better preparation of policies and draft laws, implementing the Law on Administrative Procedure and continuing decentralisation.
The EU assesses the service component (administrative service centres) positively. Particular emphasis is placed on public financial management, medium-term budget planning, monitoring of fiscal risks and the creation of an independent fiscal institution.
3. Chapter 23: Judiciary and fundamental rights
The heart of the cluster.
On judicial reform:
- strengthening the independence and integrity of judicial and prosecutorial bodies
- speeding up the vetting of judges and the attestation of prosecutors
- reform of the school of judges, the Bar and the system of legal education
- establishing the new administrative court
- enforcement of judgments of national courts and the European Court of Human Rights
- a role for independent international experts in key selection procedures
On anti-corruption, the expectations are even more specific:
- extending NABU's jurisdiction to all high-risk positions
- giving SAPO the power to open cases against members of parliament without the approval of the Prosecutor General
- abolishing the automatic closure of cases when investigation time limits expire
- a real track record of convictions and confiscations, including at high level
On human rights:
- protection against torture
- prison reform
- full alignment with the GDPR
- freedom of expression and the independence of the media regulator
- anti-discrimination legislation
- gender equality
- the rights of persons with disabilities and of the child
- the rights of national minorities
- the institution of registered partnership (implementing the European Court of Human Rights judgment of 1 June 2023)
A separate block concerns the protection and return of children deported, unlawfully displaced or forcibly transferred by Russia.
4. Chapter 24: Justice, freedom and security
One of the broadest blocks.
Progress is expected in fighting organised crime, money laundering, trafficking in human beings, arms trafficking, cybercrime, drug crime, terrorism and counterfeiting of the euro. Particular attention goes to the reform of the State Bureau of Investigation and ARMA, financial investigations, asset confiscation, and cooperation with Europol, Eurojust, Frontex, OLAF and the EPPO. Also covered: migration, asylum, visa policy, border management and preparation for Schengen.
5. Economic criteria
The EU recognises that Ukraine has preserved macro-financial stability under the extraordinary pressure of war.
Problems remain, however: a weak business environment, a large shadow economy, limited access to finance, labour shortages, and low spending on research, development and innovation. The EU separately stresses the need to prevent the re-emergence of oligarchic or monopolistic structures in sectors that will go through privatisation.
6. Chapter 5: Public procurement
Full alignment with the acquis, including concessions, public-private partnerships and defence procurement.
The key points: equal treatment of operators from Ukraine and the EU, independence of procurement agencies, fewer purchases outside the electronic procurement system, effective review, transparency and anti-corruption safeguards.
7. Chapter 18: Statistics
Professional independence of the State Statistics Service and other producers of official statistics (in particular the National Bank of Ukraine and the Ministry of Finance), transmission to Eurostat of all data required by EU law, and full alignment with EU statistical standards.
8. Chapter 32: Financial control
Internal control and audit, managerial accountability, independence of the Accounting Chamber in line with INTOSAI standards, protection of the EU's financial interests, the fight against fraud, and cooperation with OLAF and the European Public Prosecutor's Office.
What matters most
The Common Position sets interim benchmarks. Without meeting them, Ukraine will not be able to move forward within Cluster 1 or in the other clusters once they are opened (I hope that will indeed be in July, as Enlargement Commissioner Marta Kos has indicated).
At the horizontal level, the EU expects continuous monitoring of three roadmaps:
- the rule of law
- public administration reform
- the functioning of democratic institutions
What will be assessed is not only adopted laws but real implementation, resources, institutional capacity, compliance with deadlines and meaningful dialogue with civil society.
This is an important signal: the accession negotiations are moving from political declarations to a system of concrete results.
The EU also recalls that the acquis may be updated before the negotiations are concluded. In other words, Ukraine is moving towards a target that itself keeps changing. That is why pace, coordination and political will are going to be decisive.
The bottom line
The EU Common Position on Cluster 1 is demanding but realistic. European integration is no longer only a matter of geopolitical choice. It is the daily work of rebuilding the state.
And the main test now is not whether Ukraine can pass laws, but whether its institutions can ensure they are implemented and show results in practice.