First Draft – Not for Citation or Circulation Ukraine’s Decommunisation Laws: A Hard Case for the EU Policy on Transitional Justice? Paper prepared for the EUSA Fifteenth Biennial Conference, Miami, Florida, USA, May 4-6, 2017 Panel 2J: Different “Legal Memories” in Post-Second World War Europe This is a first draft. Please do not quote or distribute without the author’s permission. Maria Mälksoo Senior Lecturer in International Security Brussels School of International Studies University of Kent Boulevard Louis Schmidt 2A Brussels 1040 Belgium e-mail:
[email protected] Abstract. The Ukrainian imbroglio, in which the EU is deeply implicated, has resuscitated the discussions over the legitimate political handling of the ‘other’ totalitarian legacy of Europe and the appropriate legal standards in addressing the contemporary effects of past violations of human rights by communist regimes. This exploratory paper maps various domestic and external reactions to Ukraine’s ‘decommunisation laws’, adopted shortly after the Maidan revolution in the spring of 2015. Drawing inter alia on the in-depth, semi- structured interviews with the diplomats of the European External Action Service (EEAS) and the members of the European Parliament’s (EP) Delegation to the EU-Ukraine Parliamentary Association Committee, this paper outlines the multiple discourses on the Ukrainian handling of its communist legacy (e.g., security- vs rights and liberties-based framings of the issue). The emerging discursive matrix is critically contextualised in the EU’s extant record in handling the pan-European remembrance of the various totalitarian legacies and national emphases vis-à-vis the Second World War of its member states.