Rule of Law Promotion in the European Neighbourhood Policy
Author: Nicole Wichmann
Publisher:
Published: 2010
Total Pages: 243
ISBN-13: 9783845227337
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The European Union's Rule of Law Promotion in Its Neighbourhood
Enhancing the Rule of Law in the European Union’s External Action
Author: Luis M. Hinojosa-Martínez
Publisher: Edward Elgar Publishing
Published: 2023-07-01
Total Pages: 373
ISBN-13: 1035312328
DOWNLOAD EBOOK →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.
External Democratization by the EU. How the European Neighbourhood Policy can shape Political Systems
Author: Lena Müller
Publisher: GRIN Verlag
Published: 2020-02-26
Total Pages: 26
ISBN-13: 3346120929
DOWNLOAD EBOOK →Studienarbeit aus dem Jahr 2018 im Fachbereich Politik - Thema: Internationale Beziehungen, Note: 1,3, Justus-Liebig-Universität Gießen (Institut für Politikwissenschaften), Veranstaltung: Rule of Law and European Integration in Post-Soviet Societies, Sprache: Deutsch, Abstract: This paper will focus on the two parts of the promotion of democracy and the Rule of Law by the EU but also Russia as a counterpart to it. It is indispensable not to see a connection between both influences, the European one and the soviet or Russian one because of the soviet history of the country. We also should take into consideration the geopolitical aspect of this threefold relationship. The collapse of Communist systems in Central and Eastern European Countries (CEECs) marked a fundamental turning point in their domestic development. The transformation of post-communist systems included not only the partly won democratization of the political systems, but also the transformation of virtually all social subsystems. Over the years, it soon became apparent that the former communist states were performing very differently in this task and achieved very different successes. While in Hungary, Poland, the Czech Republic and the Baltic States, functioning democratic systems and pluralistic societies have been established relatively quickly, many of the states that emerged from the collapse of the Soviet Union remained in stagnation and chaos or developed into authoritarian systems. On the other hand some states evolved from some fundamental steps towards democratization like for example Georgia where the so called Rose Revolution, a peaceful change of power, took place. This revolution allowed the country not only to transition to another political system but also towards a change of Rule of Law in an echo of the European thought. Important to know in this case is that during the Rose Revolution in 2003 and right after this event the European Union (EU) increasingly supported Georgia through a diverse set of measures – especially covering the financial aspect in order to develop a more independent judicial system. Therefore, this paper will focus on the lack of judicial independence as a long-standing problem in Georgia, dating back to Soviet times. The EU is trying to solve this problem with the help of projects and agreements. Georgia is (progressively) approaching the EU by signing an association agreement in 2014 “in which the country undertook to pursue comprehensive reforms, particularly in the areas of democracy, the Rule of Law, human rights and basic civil liberties, good governance, market economy and sustainable development.”
The European Neighbourhood Policy - Values and Principles
Author: Sara Poli
Publisher: Routledge
Published: 2016-03-31
Total Pages: 207
ISBN-13: 1317374118
DOWNLOAD EBOOK →The European Neighbourhood Policy is a key part of the foreign policy of the European Union (EU), through which the EU works with its southern and eastern neighbours with a view to furthering its interests and achieving the closest possible degree of political association and economic integration. The policy is underpinned by a set of values and principles that the EU seeks to promote. The European Neighbourhood Policy – Values and Principles carries out a legal analysis of the values and principles that form the basis for the European Neighbourhood Policy – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (including the rights of minorities), plus the principles of conditionality, differentiation and coherence. This collection explores the instruments that the EU has deployed under the European Neighbourhood Policy to spread its values and to achieve its interests. It assesses to what extent the EU has been (and is) consistent in upholding its values in its relations with neighbouring countries, and examines how these values have been received by these countries. The book looks in particular at the nature of EU-Russia relations, seeking to identify areas of common interest as well as those of actual and potential disagreement.
The Rule of Law Promotion Through Trade in the 'Associated' Eastern Neighbourhood
Author: Maryna Rabinovych
Publisher:
Published: 2019
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOK →This article aims to investigate the phenomenon of the rule of law promotion exercised by the EU through the Deep and Comprehensive Free Trade Agreements (DCFTAs). First, the article emphasizes the unique combination of normative and market power the EU uses to diffuse its norms through trade liberalization. Next, it provides an insight into the particularities of the European Neighbourhood Policy as a policy context for the conclusion and implementation of the Association Agreements, including the DCFTAs with Ukraine, Moldova and Georgia, as well as the conceptual problematic and scope of the rule of law as a value the EU seeks to externalize. Using the DCFTAs with Ukraine, Moldova, and Georgia) as a single group case study of the transparency dimension of the rule of law, the central part of the article analyzes the DCFTAs substantive requirements, directed toward promoting transparency in the partner states (while categorizing the requirements into the most general ones; cooperation-related; and discipline-specific) and the legal mechanisms that make these clauses operational (e.g., the institutional framework of the AAs, gradual approximation and monitoring clauses, and the Dispute Settlement Mechanism). In concluding, the article summarizes the state-of-the-art of the rule of law promotion through the DCFTAs, distinguishes the major challenges the respective phenomenon faces, and emphasizes the prospects for and difficulties of using the DCFTAs as an instrument of rule of law promotion.
The European Neighbourhood Policy and the Democratic Values of the EU
Author: Nariné Ghazaryan
Publisher: Bloomsbury Publishing
Published: 2014-10-01
Total Pages: 232
ISBN-13: 1782252126
DOWNLOAD EBOOK →This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.
Democracy Promotion in the EU’s Neighbourhood
Author: Sandra Lavenex
Publisher: Routledge
Published: 2013-09-13
Total Pages: 216
ISBN-13: 113571083X
DOWNLOAD EBOOK →EU external democracy promotion has traditionally been based on ‘linkage’, i.e. bottom-up support for democratic forces in third countries, and ‘leverage’, i.e. the top-down inducement of political elites towards democratic reforms through political conditionality. The advent of the European Neighbourhood Policy and new forms of association have introduced a new, third model of democracy promotion which rests in functional cooperation between administrations. This volume comparatively defines and assesses these three models of external democracy promotion in the EU’s relations with its eastern and southern neighbours. It argues that while ‘linkage’ has hitherto failed to produce tangible outcomes, and the success of ‘leverage’ has basically been tied to an EU membership perspective, the ‘governance’ model of democracy promotion bears greater potential beyond the circle of candidate countries. This third approach, while not tackling the core institutions of the political system as such, but rather promoting transparency, accountability, and participation at the level of state administration, may turn out to remain the EU’s most tangible form of democratic governance promotion in the future. This book was originally published as a special issue of Democratization.
Networking the Rule of Law
Author: Cristina Dallara
Publisher: Routledge
Published: 2016-04-22
Total Pages: 190
ISBN-13: 1317088891
DOWNLOAD EBOOK →Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
EU Rule of Law Promotion
Author: Marko Kmezic
Publisher: Routledge
Published: 2016-10-14
Total Pages: 216
ISBN-13: 1317140168
DOWNLOAD EBOOK →Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
