Full Description
This book explores the question of how the EU understands the 'rule of law' in its external relations, with a particular focus on development cooperation and enlargement.
Although the EU's commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly 'institutional' approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Contents
Preface
Abbreviations
Table of Documents
The Rule of Law in EU External Relations An Introduction
1 Introduction
2 Problematique and Research Question
3 Delineating the Research Question
4 Structure
5 Contribution to Legal Scholarship
6 Methodology
Part 1
1 The Common Core of the Rule of Law The Concept in the Most Prominent Legal Systems of the EU
1 Introduction
2 The Rule of Law Adopted as a Solution to Common Problems: Restraint of Power and Preservation of Individual Liberty
3 The Common Underpinnings of the Rule of Law: Separation of Powers as a Means of Ensuring Judicial Independence
4 The Common Substance of the Rule of Law: The Element of Legality
5 The Common Mechanism for Safeguarding the Rule of Law: Judicial Review
6 Conclusion
2 The Common Elements of the Rule of Law in Legal Theory
1 Introduction
2 The Purpose of the Rule of Law: Restraint of Power and the Protection of Individual Liberty
3 The Core Substance of the Rule of Law: Legality
4 The Institutional Underpinnings of the Rule of Law: Emphasis on the Legal System and Judicial Independence
5 The Safeguarding Mechanisms of the Rule of Law: Judicial Review and other Procedural Elements
6 Conclusion
General Conclusions to Part 1 The Analytical Framework for the Case Studies
Part 2
3 The EU's Conceptualisation of the Rule of Law in Its Development Cooperation Practice
1 Introduction
2 The Rule of Law and Its Relation to EU Development Cooperation: EU Policy and the Toolbox for Rule of Law Promotion
3 Rule of Law Elements in the EU's Practice of Development Cooperation
4 General Findings
5 Conclusion
4 The EU's Conceptualisation of the Rule of Law in Its Enlargement Practice
1 Introduction
2 The Rule of Law and Its Relation to EU Enlargement: EU Policy and the Toolbox for Rule of Law Promotion
3 Rule of Law Elements in the EU's Practice in Enlargement
4 General Findings
5 Conclusion
5 The EU's Internal Conceptualisation of the Rule of Law in the Light of the EU's Enlargement Policy
1 Introduction
2 The EU's Internal Rule of Law Toolbox: Rule of Law Elements Identified
3 The EU's Internal Conceptualisation of the Rule of Law: Lessons Learned?
4 Conclusion
Conclusions The Influence of the Policy Area on the EU's Conceptualisation of the Rule of Law in Its External Relations
1 Introduction
2 The EU's Conceptualisation of the Rule of Law in Development Cooperation and Enlargement: Influences and Explanations
3 The Way Forward?
4 Conclusion
Bibliography
Index
