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

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

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781035312313
  • 出版时间 July 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: S$255.00

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  • 描述 
  • 大纲 
  • 详细

    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
    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
    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
    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

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