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Author: Elena Fierro
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041119360
Category : Political Science
Languages : en
Pages : 456
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Book Description
2.2.3. Rule of Law.
Author: Elena Fierro
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041119360
Category : Political Science
Languages : en
Pages : 456
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Book Description
2.2.3. Rule of Law.
Author: Norman Weiß
Publisher:
ISBN:
Category :
Languages : de
Pages :
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Book Description
Author: Elena Fierro
Publisher: BRILL
ISBN: 9004481559
Category : Law
Languages : en
Pages : 448
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Book Description
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: Jan Wouters
Publisher: Oxford University Press, USA
ISBN: 0198814194
Category : Law
Languages : en
Pages : 729
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Book Description
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.
Author: Emilie Hafner-Burton
Publisher: Princeton University Press
ISBN: 0691155364
Category : Law
Languages : en
Pages : 294
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Book Description
Includes bibliographical references (pages 199-265) and index.
Author: Joakim Nergelius
Publisher: Bloomsbury Publishing
ISBN: 1782253181
Category : Law
Languages : en
Pages : 356
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Book Description
This is volume 6 in the series Swedish Studies in European Law. Arising from the work of two well-attended seminars, this new volume concentrates on highly topical issues in European Law – current problems in the enforcement of human rights in Europe and the accession of the EU to the European Convention on Human Rights. Among the topics dealt with – apart from 'the accession issue' – are questions related to the enforcement of the Charter of Fundamental Rights, human rights as general principles of law, specific issues like the 'Double Jeopardy Clause' in relation to Swedish tax law, horizontal effect or so-called 'Drittwirkung' of human rights and the increased role of judicial and constitutional review in Swedish courts. The book should be of value to any reader with an interest in such matters.
Author: Lisa Louwerse
Publisher: BRILL
ISBN: 9004530827
Category : Law
Languages : en
Pages : 462
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Book 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.
Author: Henry F. Carey
Publisher: Lexington Books
ISBN: 1498502059
Category : Political Science
Languages : en
Pages : 439
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Book Description
This book examines the efforts of European regional organizations in promoting democracy, human rights, and the rule of law among states seeking membership. In country-specific chapters, experts test prevailing theories about how effective the regional organizations' efforts at improvement have been.
Author: Ilias Bantekas
Publisher: Oxford University Press
ISBN: 0192538438
Category : Law
Languages : en
Pages : 828
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Book Description
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Author: Dieter Mahncke
Publisher: Peter Lang
ISBN: 9789052010472
Category : History
Languages : en
Pages : 324
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Book Description
In the context of the enlargements of 2004 and 2007 the European Union needed a concept for the future relationship with its new neighbours. The result was the development of the European Neighbourhood Policy (ENP). In return for sharing European values and effectively implementing political, economic and institutional reforms, the EU offers economic incentives and closer ties to its eastern and southern neighbours. The ambitious objective of promoting stability, security and prosperity beyond its own borders raises questions about the Union's intentions, means and likely success. This volume analyses the logic and institutional origins of the ENP and provides a critical assessment of the promises and prospects of the EU's broader neighbourhood policies. It does so both from an issue-oriented perspective (e.g. security, visa policy, trade, aid, human rights, good governance) and a regional standpoint: eastern Europe, the Mediterranean, the Western Balkans and Russia.
