European Unions Approach To Human Rights Conditionality In Practice
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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.
Author | : Georg Sorensen |
Publisher | : Routledge |
Total Pages | : 141 |
Release | : 2013-11-05 |
Genre | : Business & Economics |
ISBN | : 1135200904 |
Political conditionality involves the linking of development aid to certain standards of observance of human rights and (liberal) democracy in recipient countries. Although this may seem to be an innocent policy, it has the potential to bring about a dramatic change in the basic principles of the international system: putting human rights first means putting respect for individuals and rights before respect for the sovereignty of states.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Author | : Magnus Ekengren |
Publisher | : Cambridge University Press |
Total Pages | : 247 |
Release | : 2018-10-04 |
Genre | : History |
ISBN | : 1108422306 |
Explains why the EU interacts and intervenes beyond its borders, using case studies to present a theory of practice-driven action.
Author | : Carlos Closa |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2016-10-13 |
Genre | : Law |
ISBN | : 1107108888 |
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author | : Ingi Iusmen |
Publisher | : Manchester University Press |
Total Pages | : 305 |
Release | : 2015-11-01 |
Genre | : Political Science |
ISBN | : 1526102323 |
This book critically examines how and why Eastern enlargement has impacted on EU human rights policy. By drawing on the EU’s intervention in human rights provision in Romania before 2007, it is demonstrated that the feedback effects of this intervention have led to the emergence of an EU child rights policy. Eastern enlargement has also raised the profile of Roma protection, international adoptions and mental health at the EU level. The impact of these developments has been further reinforced by the constitutional and legal provisions included in the Lisbon Treaty. It is argued that Eastern enlargement has led to the emergence of a more robust and well-defined EU human rights regime in terms of its scope and institutional clout. This book makes a substantial contribution to the scholarship on EU enlargement, Europeanisation and EU human rights policy by providing empirical evidence for the emergence and persistence of EU institutional and policy structures upholding human rights.
Author | : Herwig C.H. Hofmann |
Publisher | : Edward Elgar Publishing |
Total Pages | : 351 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1788978307 |
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author | : Jan Wouters |
Publisher | : Oxford University Press |
Total Pages | : 752 |
Release | : 2021-03-25 |
Genre | : Law |
ISBN | : 019254392X |
The European Union and Human Rights: Analysis, Cases, and Materials maps and critiques the EU's commitment to human rights in both internal and external affairs. The book covers the evolution as well as the current state of the EU's engagement with human rights, focusing, on the internal side, on the role of the EU law in the multi-faceted system of human rights protection and, on the external side, on the EU's efforts to bind its foreign policy to promoting himan rights. This book combines analysis of key developments with a wide range of sources, including extracts from legislation, case law, policy documents, and research of other scholars. The inclusion of both primary and secondary materials is intended to guide readers to acquire a deep understanding of EU human rights law and policy. This title devotes significant attention to explicating the fundamental concepts and systemic features of the EU's human rights protection and promotion. In addition, chapters devoted to individual topics provide more depth on a range of policy areas in both the internal and external dimension of EU affairs. Topics covered by these individual chapters include non-discrimination and competition law, migration, trade policy, and development cooperation.
Author | : Sara Poli |
Publisher | : Routledge |
Total Pages | : 207 |
Release | : 2016-03-31 |
Genre | : Law |
ISBN | : 1317374118 |
The European Neighbourhood Policy is a key part of the foreign policy of the European Union (EU), through which the EU works with its southern and eastern neighbours with a view to furthering its interests and achieving the closest possible degree of political association and economic integration. The policy is underpinned by a set of values and principles that the EU seeks to promote. The European Neighbourhood Policy – Values and Principles carries out a legal analysis of the values and principles that form the basis for the European Neighbourhood Policy – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (including the rights of minorities), plus the principles of conditionality, differentiation and coherence. This collection explores the instruments that the EU has deployed under the European Neighbourhood Policy to spread its values and to achieve its interests. It assesses to what extent the EU has been (and is) consistent in upholding its values in its relations with neighbouring countries, and examines how these values have been received by these countries. The book looks in particular at the nature of EU-Russia relations, seeking to identify areas of common interest as well as those of actual and potential disagreement.
Author | : Federico Fabbrini |
Publisher | : Edward Elgar Publishing |
Total Pages | : 383 |
Release | : 2024-09-06 |
Genre | : Law |
ISBN | : 103532816X |
This Research Handbook provides a comprehensive analysis of post-pandemic EU economic governance and Next Generation EU (NGEU) law. It explores the profound impact of Covid-19 on the architecture of EU economic governance, focusing on the establishment and implications of the NGEU Recovery Fund.