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

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

Author: Luis Hinojosa; Carmela Pérez-Bernárdez
Publisher: Edward Elgar Publishing
ISBN: 9781035312313
Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,677.00

HKD 1,626.69 Save HKD 50.31 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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 establishes the essential elements of the rule of law, and identifies 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.

Preface xi

PART I. THE CONCEPT OF THE RULE OF LAW IN THE EUROPEAN UNION

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

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

3. 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

The CJEU and the rule of law in the EU’s external action 63

Eva Kassoti and Narin Idriz

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

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

The human rights sanctions regime and the rule of law: towards a stronger European Union? 132

Carmela Pérez-Bernárdez

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

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

Browse Books

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

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

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

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title