MOTION FOR A RESOLUTION on current developments in Ukraine
24.10.2011
pursuant to Rule 110(2) of the Rules of Procedure
Charles Tannock, Paweł Robert Kowal, Ryszard Antoni Legutko, Michał Tomasz Kamiński, Adam Bielan, Marek Henryk Migalski, Tomasz Piotr Poręba, Geoffrey Van Orden, Ryszard Czarnecki, Janusz Wojciechowski on behalf of the ECR Group
See also joint motion for a resolution RC-B7-0543/2011
B7‑0553/2011
European Parliament resolution on current developments in Ukraine
The European Parliament,
– having regard to its previous resolutions on Ukraine,
– having regard to the regular Progress Report Ukraine 2010 and to the ENP Review of 25 May 2011,
– having regard to the joint statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and Commissioner Stefan Füle of 5 August 2011 on the arrest of Yulia Tymoshenko in Ukraine,
– having regard to the 11 October 2011 statement by the High Representative Catherine Ashton on the verdict in the case of Ms Yulia Tymoshenko,
– having regard to the Joint Declaration of the Eastern Partnership Summit that took place in Warsaw on 29-30 September 2011,
– having regard to its 9 June 2011 resolution on Ukraine: the cases of Yulia Tymoshenko and other members of the former government,
– having regard to the Statement and Recommendations of the 16th meeting of the EU-Ukraine Parliamentary Cooperation Committee, which took place on 15-16 March 2011 in Brussels,
– having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and Ukraine, which entered into force on 1 March 1998, and to the ongoing negotiations on the Association Agreement (AA) designed to replace the PCA,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas the EU favours a stable and democratic Ukraine that respects the principles of the market economy, the rule of law, human rights, the protection of minorities and the guarantee of fundamental rights;
B. whereas Ukraine is a European state and, pursuant to Article 49 of the Treaty on European Union, may apply for membership of the EU like any European state that adheres to the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law;
C. whereas one of the European Parliament's main foreign policy objectives is to enhance and foster relations with Ukraine and strengthen the European Neighbourhood Policy, aimed at encouraging political, economic and cultural relations of the countries concerned with the EU and its Member States;
D. whereas Ukraine's integration with the EU can have a positive effect on the security, stability and prosperity of the whole continent;
E. whereas on 11 October 2011, the former prime minister of Ukraine, Yulia Tymoshenko, was convicted and sentenced to seven years imprisonment; whereas the Pechersk District Court ruled that she is forbidden from holding public office for three years and is obliged to pay damages to Naftohaz amounting to 1.5 billion hryvnia; whereas on 13 October 2011 another criminal case has been filed against Yulia Tymoshenko, accusing the former prime minister of reassigning a debt of some $405 million - owed by her company to the Russian Defence Ministry - to the Ukrainian state budget;
F. whereas in her speech before the European Parliament on the situation in Ukraine on 12 October 2011, High Representative Catherine Ashton underlined that the prosecution of Yulia Tymoshenko was politically motivated and that her conviction followed a trial which clearly did not respect international standards as regards a fair, transparent and independent legal process;
G. whereas the EU continues to underline the need for respect of the rule of law, incorporating fair, impartial and independent legal processes, while avoiding the danger of provoking any perception that judicial measures are being used selectively; whereas the EU considers these principles especially important in a country which aspires to enter into deeper contractual relationships and build upon political association;
H. whereas the initialling of the Association Agreement that should take place in December at the EU-Ukraine summit, and the subsequent ratification of the document by the European Parliament and EU Member States' parliaments, remains a key factor in the successful continuation of the reform process in Ukraine;
1. Underlines that Ukraine has strong historical, cultural and economic links to the European Union and that it is one of the EU's key strategic partners in its Eastern neighbourhood exerting an important influence on the security, stability and prosperity of the whole continent;
2. Is concerned that the context and conditions of the trial and verdict against former prime minister Yulia Tymoshenko may be regarded as a selective application of the rule of law in Ukraine and go against the Ukrainian government's proclaimed commitment to democracy and European values;
3. Points out that the Association Agreement, although fundamentally about economic cooperation, hopefully will also provide the necessary tools for the improvement of the general standards of democracy, human rights, and fundamental freedoms of the Ukrainian society;
4. Underlines that in the present situation, the dialogue with the Ukrainian authorities is vital at all levels in order to make progress both in the case of Yulia Tymoshenko and the negotiations of the Associations Agreement;
5. Welcomes President Yanukovych's declaration that a systemic reform of the criminal justice system will bring Ukraine closer to modern European standards; underlines that this reform is essential in order to secure the independence and impartiality of the justice system in accordance with European standards, especially to ensure Ukraine's compliance with the requirements of the European Convention on Human Rights;
6. Expects the Ukrainian authorities to continue along the path of European integration and stresses the great importance of this process for the pursuance of economic, social and political reforms in Ukraine; hopes that progress will be made to bring about the rapid conclusion of the Association Agreement;
7. Notes that Yulia Tymoshenko asked the EU to carry on with Association Agreement negotiations regardless of the outcome of her trial; stresses that the negotiations and the conclusion of the Association Agreement with Ukraine should remain a priority for both sides and, if possible, the Agreement be initialled by the end of 2011;
8. Reiterates that reforms in Ukraine, aimed at improving the political and economic situation in the country and moving the country closer to EU standards in view of European integration, should be accompanied by efforts to consolidate democratic standards, protect human rights and uphold the rule of law;
9. Expresses its concern about the increasing number of allegations that democratic freedoms and rights, such as freedom of assembly, freedom of expression and freedom of the media, have come under pressure in recent months;
10. Calls on the Ukrainian authorities to uphold democratic values, the rule of law, guarantee fundamental rights to all of its citizens, ensure that judicial measures are not used selectively, and that investigations, prosecutions and trials are held in maximum transparency;
11. Instructs its President to forward this resolution to the Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the Government and Parliament of Ukraine and the Parliamentary Assemblies of the Council of Europe and the OSCE.