The EU's Approach to Human Rights Conditionality in Practice

The EU's Approach to Human Rights Conditionality in Practice
Author :
Publisher : BRILL
Total Pages : 448
Release :
ISBN-10 : 9789004481558
ISBN-13 : 9004481559
Rating : 4/5 (58 Downloads)

Synopsis The EU's Approach to Human Rights Conditionality in Practice by : Elena Fierro

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.

Political Conditionality

Political Conditionality
Author :
Publisher : Routledge
Total Pages : 141
Release :
ISBN-10 : 9781135200909
ISBN-13 : 1135200904
Rating : 4/5 (09 Downloads)

Synopsis Political Conditionality by : Georg Sorensen

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.

The European Union and Human Rights

The European Union and Human Rights
Author :
Publisher : BRILL
Total Pages : 351
Release :
ISBN-10 : 9789004482425
ISBN-13 : 9004482423
Rating : 4/5 (25 Downloads)

Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Explaining the European Union's Foreign Policy

Explaining the European Union's Foreign Policy
Author :
Publisher : Cambridge University Press
Total Pages : 247
Release :
ISBN-10 : 9781108422307
ISBN-13 : 1108422306
Rating : 4/5 (07 Downloads)

Synopsis Explaining the European Union's Foreign Policy by : Magnus Ekengren

Explains why the EU interacts and intervenes beyond its borders, using case studies to present a theory of practice-driven action.

The Metamorphosis of the European Economic Constitution

The Metamorphosis of the European Economic Constitution
Author :
Publisher : Edward Elgar Publishing
Total Pages : 351
Release :
ISBN-10 : 9781788978309
ISBN-13 : 1788978307
Rating : 4/5 (09 Downloads)

Synopsis The Metamorphosis of the European Economic Constitution by : Herwig C.H. Hofmann

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}

Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union
Author :
Publisher : Cambridge University Press
Total Pages : 357
Release :
ISBN-10 : 9781107108882
ISBN-13 : 1107108888
Rating : 4/5 (82 Downloads)

Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The European Union and Human Rights

The European Union and Human Rights
Author :
Publisher : Oxford University Press, USA
Total Pages : 729
Release :
ISBN-10 : 9780198814191
ISBN-13 : 0198814194
Rating : 4/5 (91 Downloads)

Synopsis The European Union and Human Rights by : Jan Wouters

EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.

Children's rights, Eastern enlargement and the EU human rights regime

Children's rights, Eastern enlargement and the EU human rights regime
Author :
Publisher : Manchester University Press
Total Pages : 325
Release :
ISBN-10 : 9781526102324
ISBN-13 : 1526102323
Rating : 4/5 (24 Downloads)

Synopsis Children's rights, Eastern enlargement and the EU human rights regime by : Ingi Iusmen

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.

The European Neighbourhood Policy - Values and Principles

The European Neighbourhood Policy - Values and Principles
Author :
Publisher : Routledge
Total Pages : 207
Release :
ISBN-10 : 9781317374114
ISBN-13 : 1317374118
Rating : 4/5 (14 Downloads)

Synopsis The European Neighbourhood Policy - Values and Principles by : Sara Poli

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.

Research Handbook on Post-Pandemic EU Economic Governance and NGEU Law

Research Handbook on Post-Pandemic EU Economic Governance and NGEU Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 383
Release :
ISBN-10 : 9781035328161
ISBN-13 : 103532816X
Rating : 4/5 (61 Downloads)

Synopsis Research Handbook on Post-Pandemic EU Economic Governance and NGEU Law by : Federico Fabbrini

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.