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

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.