Transformation of the EU Policy in the Field of Export Control of Military and Dual-Use Goods

Анотація

The article presents a comprehensive analysis of the evolution of the European Union’s export control system, with a particular focus on the transition from the 1998 Code of Conduct on Arms Exports to the Council Common Position 2008/944/CFSP, which marked a qualitative transformation of the financial, legal, and institutional foundations of international arms transfer regulation. It is demonstrated that the shift from a declarative model of political coordination to a normatively codified system with clear reporting mechanisms, instruments of mutual information exchange, and transparency tools not only enhanced the effectiveness of risk management but also strengthened the EU’s role as a global leader in arms control. The specifics of the Common Position’s implementation are examined, in particular the practice of mutual information sharing on license denials and the institutionalization of transparency mechanisms, which has ensured a higher level of political and legal accountability of the member states. Special attention is devoted to the integration of European export control into global non-proliferation regimes and security architectures (such as the Wassenaar Arrangement and the Missile Technology Control Regime), which has consolidated the EU’s authority as one of the leading actors of global governance. Based on a systematic analysis, the article substantiates the potential for adapting the European experience to improve Ukraine’s export control system, particularly through the introduction of effective mechanisms of transparency, institutional coordination, and standardization of licensing and denial procedures. It is argued that the adoption of European practices will contribute to strengthening Ukraine’s capacity in safeguarding national security, harmonizing with international standards, and enhancing the country’s credibility as a reliable partner in the field of military-technical cooperation. The novelty of the research lies in combining an institutional and financial-legal analysis of the transformation of the European export control model with an assessment of the prospects for its implementation under Ukrainian conditions. The practical significance of the study consists in developing recommendations for modernizing the domestic regulatory and institutional framework by drawing on the best European practices.

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