The legal dimensions of rule of law promotion in EU foreign policy: EU treaty imperatives and rule of law conditionality in the foreign trade and development nexus
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The legal dimensions of rule of law promotion in EU foreign policy : EU treaty imperatives and rule of law conditionality in the foreign trade and development nexus. / Holterhus, Till Patrik.
The law behind rule of law transfers: On Rule Based Interactions of Legal Orders in a Globalized World. ed. / Till Patrick Holterhus. Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. p. 73-112.Research output: Contributions to collected editions/works › Chapter
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TY - CHAP
T1 - The legal dimensions of rule of law promotion in EU foreign policy
T2 - EU treaty imperatives and rule of law conditionality in the foreign trade and development nexus
AU - Holterhus, Till Patrik
PY - 2019/1/1
Y1 - 2019/1/1
N2 - This article demonstrates that Articles 21 and 3 (5) of the Treaty on European Union (TEU) as well as Articles 205, 207 (1), 208 (1), 209 (2) of the Treaty on the Functioning of the European Union (TFEU), legally oblige the European Union (EU) to promote the rule of law in its foreign trade and development policy. Furthermore, it is shown that, in the context of such promotion, the EU applies not a rudimentary but a sophisticated concept of the rule of law – quite similar to the concept of the rule of law that hasdeveloped within the Union. To fulfill this legal obligation to promote the rule of law abroad, the EU employs, as a key instrument, the legal mechanism of conditionality, not only through autonomous instruments but also in its contractual international relationships (carrot-and-stick policy). The EU’s foreign policy in the trade and development nexus, in particular when it comes to the promotion of the rule of law, can, therefore, be considered a process, to a large extent, determined and organized by the law.
AB - This article demonstrates that Articles 21 and 3 (5) of the Treaty on European Union (TEU) as well as Articles 205, 207 (1), 208 (1), 209 (2) of the Treaty on the Functioning of the European Union (TFEU), legally oblige the European Union (EU) to promote the rule of law in its foreign trade and development policy. Furthermore, it is shown that, in the context of such promotion, the EU applies not a rudimentary but a sophisticated concept of the rule of law – quite similar to the concept of the rule of law that hasdeveloped within the Union. To fulfill this legal obligation to promote the rule of law abroad, the EU employs, as a key instrument, the legal mechanism of conditionality, not only through autonomous instruments but also in its contractual international relationships (carrot-and-stick policy). The EU’s foreign policy in the trade and development nexus, in particular when it comes to the promotion of the rule of law, can, therefore, be considered a process, to a large extent, determined and organized by the law.
KW - Law
UR - https://www.mendeley.com/catalogue/f8bad999-1b3c-3c5c-875e-4d3ea417f322/
U2 - 10.5771/9783845298481-73
DO - 10.5771/9783845298481-73
M3 - Chapter
SN - 978-3-8487-5716-9
SP - 73
EP - 112
BT - The law behind rule of law transfers
A2 - Holterhus, Till Patrick
PB - Nomos Verlagsgesellschaft mbH & Co. KG
CY - Baden
ER -