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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In: Goettingen Journal of International Law, Vol. 9, No. 1, 23.12.2018, p. 71–108.
Research output: Journal contributions › Journal articles › Research
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TY - JOUR
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 - 2018/12/23
Y1 - 2018/12/23
N2 - This article demonstrates that Arts. 21 and 3 (5) of the Treaty on EuropeanUnion (TEU) as well as Arts. 205, 207 (1), 208 (1), 209 (2) of the Treaty onthe Functioning of the European Union (TFEU), legally oblige the EuropeanUnion (EU) to promote the rule of law in its foreign trade and developmentpolicy. Furthermore, it is shown that, in the context of such promotion, the EUapplies not a rudimentary but a sophisticated concept of the rule of law – quitesimilar to the concept of the rule of law that has developed within the Union.To fulfill the legal obligation to promote the rule of law abroad, the EU employs,as a key instrument, the legal mechanism of conditionality, not only throughautonomous instruments but also in its contractual international relationships(carrot-and-stick policy). The EU’s foreign policy in the trade and developmentnexus, 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 organizedthe of law.
AB - This article demonstrates that Arts. 21 and 3 (5) of the Treaty on EuropeanUnion (TEU) as well as Arts. 205, 207 (1), 208 (1), 209 (2) of the Treaty onthe Functioning of the European Union (TFEU), legally oblige the EuropeanUnion (EU) to promote the rule of law in its foreign trade and developmentpolicy. Furthermore, it is shown that, in the context of such promotion, the EUapplies not a rudimentary but a sophisticated concept of the rule of law – quitesimilar to the concept of the rule of law that has developed within the Union.To fulfill the legal obligation to promote the rule of law abroad, the EU employs,as a key instrument, the legal mechanism of conditionality, not only throughautonomous instruments but also in its contractual international relationships(carrot-and-stick policy). The EU’s foreign policy in the trade and developmentnexus, 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 organizedthe of law.
KW - Law
UR - https://journals.uni-goettingen.de/gojil/article/view/2147
U2 - 10.3249/1868-1581-9-1-holterhus
DO - 10.3249/1868-1581-9-1-holterhus
M3 - Journal articles
VL - 9
SP - 71
EP - 108
JO - Goettingen Journal of International Law
JF - Goettingen Journal of International Law
SN - 1858-1581
IS - 1
ER -