The EU’s conceptualisation of the rule of law in its external relations : case studies on development cooperation and enlargement

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The EU’s conceptualisation of the rule of law in its external relations : case studies on development cooperation and enlargement

Type: Doctoral Thesis
Title: The EU’s conceptualisation of the rule of law in its external relations : case studies on development cooperation and enlargement
Author: Louwerse, L.B.
Journal Title: Meijers-reeks
Issue Date: 2019-06-26
Keywords: EU External Relations
Rule of Law
Enlargement
Development cooperation
Legality
Access-to-justice
EU acquis
Rule of Law reform
Separation of Powers
Abstract: For the European Union, the rule of law is a multifaceted notion of ‘primordial importance’. It is both a foundational value (Article 2 TEU) and a guiding principle for the Union’s external action in general (Article 21(1) TEU). The concept plays a central role within the EU and in its external policy. However, what is meant by the term ‘rule of law’ in the EU’s external policy? The thesis tackles the largely unexplored question of the EU’s conceptualisation of the rule of law in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong and often repeated, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the thesis attests to the significance of developing a more comprehensive approach to the rule of law in EU external relations.
Promotor: Supervisor: Hillion C.A.P., Tobler R.C.
Faculty: Faculty of Law
University: Leiden University
Handle: http://hdl.handle.net/1887/74363
 

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application/pdf Introduction 204.8Kb Under embargo until 2020-12-26
application/pdf Part I: Chapter 1 155.3Kb Under embargo until 2020-12-26
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application/pdf Conclustions to Part I 86.65Kb Under embargo until 2020-12-26
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application/pdf Part II: Chapter 4 383.0Kb Under embargo until 2020-12-26
application/pdf Conclusions to Part II 190.8Kb Under embargo until 2020-12-26
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application/pdf Bibliography_Table of Documents_Curriculum Vitae 217.7Kb View/Open
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