Download or read book European Union s Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2.3. Rule of Law.
Download or read book Human Rights Conditionality in the EU s International Agreements written by Lorand Bartels and published by Oxford University Press on Demand. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusionshave major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press. This book was released on 2020-12-17 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.
Download or read book Human Rights Conditionality of the European Union written by Derya Zer and published by LAP Lambert Academic Publishing. This book was released on 2011-02 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turkey, as a country desiring to find acceptance as a European state since its establishment, has been subject to human rights conditionality of the EU since the beginning of the relations with Turkey s application to join the Community as an associate member in 1959. This book aims to explain the dynamic of the human rights conditionality -which has also evolved over time- in the EU-Turkey relations. From the beginning of the EU-Turkey relations, for each period (pre-Helsinki period, post-Helsinki period and the period after the opening up of accession negotiations), the conflict issues as regards human rights, the EU's approach and Turkey's response in terms of human rights reforms to meet the EU s human rights conditions are scrutinized. By doing so, the book also explores to what extent and under which circumstances, the EU as an external force has affected domestic reform process in Turkey and identifies the deficiencies of the EU s human rights conditionality approach towards Turkey which have become obstacles for the EU to be a more powerful anchor for human rights progress in Turkey.
Download or read book Elena Fierro The EU s Approach to Human Rights Conditionality in Practice written by Norman Weiß and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Application of Human Rights Conditionality in the EU s Bilateral Trade Agreements and Other Trade Arrangements with Third Countries written by and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU frequently imposes sanctions on countries that violate human rights and democratic principles in third countries. It does this most frequently within the context of the Common Foreign and Security Policy (CFSP), which usually, but not always,1 implements action taken by the UN Security Council.2 Additionally, the EU conditions economic benefits which it provides to third countries on the compliance of those countries with human rights and democratic principles. This practice of conditionality, on which the present study focuses, takes two main forms. On the one hand, the EU disposes over a range of conditionality clauses permitting the withdrawal of privileges in the event that the beneficiary country violates human rights and democratic principles. On the other, in the area of trade preferences, the EU provides positive incentives to countries that comply with human rights (and other) norms. This study discusses these systems of negative and positive conditionality, with a focus on their consistency, effectiveness, legitimacy and legality. Annex I contains a set of recommendations arising out of the study.
Download or read book Human Rights and the External Relations of the European Community written by Barbara Brandtner and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, human rights have gained increasing importance in the external policies of the European Union (EU) and, in particular, the European Community (EC), the primary focus of this paper. While the precise delimitation of the EC's external human rights competences is still controversial, an analysis of the existing primary sources of Community law (Founding Treaties and case law) and their extension by the Treaty of Amsterdam seems to confirm the emergence of human rights as a 'transversal' Community objective. Moreover, the EC has developed an abundant practice of including human rights aspects in its international agreements (by means of so-called 'human rights clauses'), unilateral trade preference schemes (via 'special incentive arrangements' or 'conditionality requirements') and technical or financial assistance programmes ('human rights clauses' and the 'European Initiative for democracy and the protection of human rights'). From a conceptual perspective, the EC's human rights policy seems governed by the principles of universality and indivisibility. However, the specific weight to be attributed to economic, social or minority rights, the EC's capacity to adhere to international human rights conventions and the interplay between 'First Pillar' (EC) and 'Second Pillar' (CFSP/EU) activities all await future clarification.
Download or read book The EU s Approach to Human Rights Conditionality in Practice written by Elena Fierro and published by BRILL. This book was released on 2021-10-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.
Download or read book Political Conditionality written by Georg Sorensen and published by Routledge. This book was released on 2013-11-05 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political conditionality involves the linking of development aid to certain standards of observance of human rights and (liberal) democracy in recipient countries. Although this may seem to be an innocent policy, it has the potential to bring about a dramatic change in the basic principles of the international system: putting human rights first means putting respect for individuals and rights before respect for the sovereignty of states.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Download or read book Normative Power Europe written by R. Whitman and published by Springer. This book was released on 2011-06-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of Normative Power Europe (NPE) is that the EU is an 'ideational' actor characterised by common principles and acting to diffuse norms within international relations. Contributors assess the impact of NPE and offer new perspectives for the future exploration of one of the most widely used ideas in the study of the EU in the last decade.
Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Download or read book International Organizations and Internal Conditionality written by R. Fawn and published by Springer. This book was released on 2013-11-12 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how norms-based international organizations, namely the Council of Europe and the OSCE, are still able to win in world politics. Fawn uses the concept of internal conditionality to explain how these organizations have been able to respond to members with a lack of material incentives or instruments of coercion.
Download or read book The EU and Human Rights written by Philip Alston and published by . This book was released on 1999 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.
Download or read book Integrated Human Rights in Practice written by Eva Brems and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press, USA. This book was released on 2021-02-17 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
