The mechanism of national recovery in the system of European legislation

Abstract

The problem of applying the concept of “recovery” in modern European legislation and related analytical documents of a descriptive and recommendatory nature, prepared by groups of experts, is investigated. Variants of the use of this term, differences in their “legal content” are analyzed. The pan-European post-covid recovery program of the EU member states is implemented in European legislation in the form of an operationally prepared set of documents that include a special toolkit (mechanisms and tools) of legal regulation of this process. The effectiveness of its implementation is, first of all, that the special legislative support created for these purposes is based on the norms of European legislation that have already been worked out in practice over many years. Secondly, by clearly establishing a single methodology of national strategic planning for recovery, the general framework of its goals and procedures. A single strategic planning tool in the form of “Recovery and Resilience Plans” aimed at mitigating the economic and social consequences of the Covid-19 pandemic has been applied for all EU member states. Thirdly, the formation of a new global, European and national model of the executive structure, which includes special institutions with appropriate lists of functions, changes in the rights and duties of public authorities. Fourth, realism, confirmed by practice, provides a financial mechanism for long-term attraction and distribution of funds, which cannot be implemented without ensuring the confidence of investors. Fifth, political support on the part of civil society institutions. The model also includes a set of state-citizen initiatives in specific areas and proposals for the development of a new toolkit of public-citizen management, which as a whole will form the basis of new “social contracts”. The set of available legal and expert documents of modern European legislation on the problems of post-covid recovery, the set of initiatives, tasks and risks defined in them, allows us to draw conclusions about the possibility of its application when working out the general contours of the concept of post-war recovery of Ukraine.