Enhancing the Rule of Law in the European Union’s External Action

Luis M. Hinojosa-Martínez, Carmela Pérez-Bernárdez (Herausgeber)

Buch | Hardcover

372 Seiten

2023
Edward Elgar Publishing Ltd (Verlag)
978-1-0353-1231-3 (ISBN)

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This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.

Using EU legislation and case law, the book identifies the essential elements of the rule of law, and distinguishes the general limits it places on the behaviour of public authorities. Focusing on EU sanctions, trade policy and relations with neighbouring and membership candidate countries, it argues that the EU’s promotion of the rule of law internally and externally has strengthened considerably over time. Nevertheless, given the degradation of the rule of law on the international scene, contributors call for an overhaul of EU rule of law policy to uphold the EU’s ethical commitments and strengthen its international standing.

This book will be an important read for scholars and students of European law, trade law and international relations. Presenting detailed analyses of EU policy and case law, it will also be highly useful for practitioners and policy-makers seeking to promote human rights and democracy.

Edited by Luis M. Hinojosa-Martínez, Chair of International and European Law, Department of Public International Law and International Relations and Carmela Pérez-Bernárdez, Senior Lecturer in International and European Union Law, Department of Public International Law and International Relations, University of Granada, Spain

Contents:

Preface xi

PART I THE CONCEPT OF THE RULE OF LAW IN
THE EUROPEAN UNION
1 The rule of law as a principle of the European Union:
a concept in search of its definition 2
Fulvio Maria Palombino and Giuliana Lampo
2 Enhancing the rule of law in Europe and in the world:
Mission impossible? 18
Jan Wouters

PART II COMPARING THE INTERNAL AND
EXTERNAL NOTIONS OF RULE OF LAW
Promoting the rule of law through EU external relations
and the principle of non-intervention under international law 41
Gloria Fernández Arribas and Ramses A. Wessel
4 The CJEU and the rule of law in the EU’s external action 63
Eva Kassoti and Narin Idriz
5 Mutual influences between the European and international
law standards for the promotion of the rule of law 85
Farah Julie Yassine

PART III RULE OF LAW IN SPECIFIC AREAS OF
EU’S EXTERNAL ACTION
A. SANCTIONS AND THE RULE OF LAW
6 Rule of law and effective judicial protection versus
raison d’état in EU’s political sanctions: the relevance of
individual conduct 106
Luis M. Hinojosa-Martínez
7 The human rights sanctions regime and the rule of law:
towards a stronger European Union? 132
Carmela Pérez-Bernárdez
8 Rule of law or rule of no-one? Bypassing listing
procedures through de-centralised de-banking and
de-funding practices 161
Martina Di Gaetano

B. RULE OF LAW AND CONDITIONALITY
IN EU’S TRADING RELATIONS
9 EU strategic autonomy and rule of law in external
affairs: what future for respect for international law and
multilateralism in trade policy? 186
Wolfgang Weiß
10 The rule of law in the reform of the European Union’s
common commercial policy 216
Carmen López-Jurado Romero de la Cruz and Rafael Marín Aís
11 The generalized scheme of preferences as
a carrot-and-stick mechanism of EU trade policy in
pursuit of non-trade policy objectives 241
Joan David Janer Torrens
12 The European Union’s contribution to the reinforcement
of the rule of law in international investment post-Achmea
and Opinion 1/17 261
Ozana Olariu

C. RULE OF LAW IN THE RELATIONS
WITH NEIGHBOURING / CANDIDATE COUNTRIES
13 ‘Treat your neighbour as yourself’ – Rule of law spending
conditionality within and outside the EU 285
Chloé Brière
14 The promotion of the rule of law in the EU
neighbourhood: an impact assessment 310
Elisabet Ruiz Cairó and Luigi Lonardo

Index

Erscheinungsdatum	17.07.2023
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
ISBN-10	1-0353-1231-X / 103531231X
ISBN-13	978-1-0353-1231-3 / 9781035312313
Zustand	Neuware