Description
Book SynopsisThis 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.
Table of ContentsContents: 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
