The EU's Approach to Human Rights Conditionality in Practice

The EU's Approach to Human Rights Conditionality in Practice
Author: Elena Fierro
Publisher: BRILL
Total Pages: 448
Release: 2021-10-18
Genre: Law
ISBN: 9004481559

Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.

A Wider Europe

A Wider Europe
Author: Michael J. Baun
Publisher: Rowman & Littlefield Publishers
Total Pages: 280
Release: 2000-08-02
Genre: History
ISBN: 1461740525

This clear and engaging text examines the process and politics of the European UnionOs OEasternO enlargement, beginning with its initial response to the 1989 revolution up through the Helsinki summit decisions of December 1999. Michael Baun explores such topics as the EUOs original decision to enlarge, the pre-accession strategy for prospective members, the key political decisions on launching and expanding the accession negotiations, and the actual progress of the negotiations. He also examines the EUOs efforts to reform its policies and institutions in advance of enlargement. Throughout, Baun weaves in understandable explanations of the complex multilevel process of EU decisionmaking. He concludes by considering the limits of enlargement and its consequences for the EUOs future development.

Back To Europe

Back To Europe
Author: Karen Henderson
Publisher: Routledge
Total Pages: 330
Release: 2005-10-09
Genre: Political Science
ISBN: 1135358346

As The European Union Opens Negotiations On Membership With Five Of The Ten post-communist states who have applied, this book looks at some of the challenges presented by Eastern enlargement - not only to existing member states and European institutions, but also to the Central and Eastern European countries themselves.; The approach is interdisciplinary, and brings together contributions from academic specialists on security and international relations; European institutions; the economics of european integration; and the domestic politics of Central and Eastern Europe.; The book has been structured to provide a clear and comprehensive introduction to the topic for students taking a range of courses, including European integration, the politics of post-communist democracies, and Europe's post-Cold war order.; At the same time. it will be accessible to more general readers with an interest in European Union affairs, while presenting research to specialists in the area.

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering
Author: Jan Zielonka
Publisher: Oxford University Press
Total Pages: 506
Release: 2001
Genre: History
ISBN: 0199241678

This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

Europe Undivided

Europe Undivided
Author: Milada Anna Vachudova
Publisher: OUP Oxford
Total Pages: 352
Release: 2005-02-17
Genre: Political Science
ISBN: 0191608211

Europe Undivided analyzes how an enlarging EU has facilitated a convergence toward liberal democracy among credible future members of the EU in Central and Eastern Europe. It reveals how variations in domestic competition put democratizing states on different political trajectories after 1989, and how the EU's leverage eventually influenced domestic politics in liberal and particularly illiberal democracies. In doing so, Europe Undivided illuminates the changing dynamics of the relationship between the EU and candidate states from 1989 to 2004, and challenges policymakers to manage and improve EU leverage to support democracy, ethnic tolerance, and economic reform in other candidates and proto-candidates such as the Western Balkan states, Turkey, and Ukraine. Albeit not by design, the most powerful and successful tool of EU foreign policy has turned out to be EU enlargement - and this book helps us understand why, and how, it works.

Opposing Europe?: The Comparative Party Politics of Euroscepticism

Opposing Europe?: The Comparative Party Politics of Euroscepticism
Author: Aleks Szczerbiak
Publisher: OUP Oxford
Total Pages: 418
Release: 2008-04-24
Genre: Political Science
ISBN: 0191531626

The project of European integration now spans Europe, but in becoming bigger and broader the European Union has brought on itself significant criticism. As the EU becomes deeper, wider, and more ambitious, so opposition and scepticism become more prominent for citizens and more problematic for elites. Concerns about a 'democratic deficit' and the distance between European elites and publics have come to be a common feature of European politics. As a consequence Euroscepticism has become a part of the terrain of conflict between political parties across Europe. Opposing Europe? provides the first comprehensive review of party-based Euroscepticism across the breadth of contemporary Europe, and the first in-depth comparative academic study of Euroscepticism. This, the first of two volumes, is made up of chapters that map, describe, and analyse Euroscepticism in the party systems of a range of countries and the European Parliament. Each is written to a common frame of reference that differentiates 'hard' and 'soft' Euroscepticism. The volume looks across Europe and includes EU member states and candidate and non-member states in order to draw out comparative lessons that relate to the nature of political parties, party systems, and the domestic politics of European integration. Opposing Europe? is a groundbreaking, 'state of the art' book that provides a definitive review of a key issue in European politics. It is also one of the few attempts to integrate the fields of EU studies with both West European and East European studies in order to draw lessons about the way in which the EU interacts with domestic politics in both member and non-member states. Examining the way that parties position themselves and compete on the European issue provides powerful lessons for the trajectory of the European integration project more generally and on the prospects for the emergence of a European political system and polity.

Slovakia

Slovakia
Author: Karen Henderson
Publisher: Routledge
Total Pages: 300
Release: 2003-08-29
Genre: Political Science
ISBN: 1134496478

Since Slovakia achieved independent statehood at the end of 1992 it has become one of the most prosperous post-communist states. This book provides a unique and thorough introduction to Slovakia and will enable the reader to understand its multi-faceted nature. The book includes chapters on Twentieth Century History, Politics, Economy and International Relations.

Forced to Be Good

Forced to Be Good
Author: Emilie M. Hafner-Burton
Publisher: Cornell University Press
Total Pages: 235
Release: 2011-02-23
Genre: Political Science
ISBN: 0801457467

Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. In Forced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.