Europe in the World Law & policy aspects of the EU in Global - PowerPoint PPT Presentation

Europe in the World Law & policy aspects of the EU in Global Governance

Human Rights and the Rule of Law in EU External Relations Matthieu Burnay, Nicolas Hachez, Kolja Raube Leuven Centre for Global Governance Studies

Human Rights and the Rule of Law in EU External Relations • Introduction • EU External Relations: from legal principles to the question of power • Human Rights in EU External Relations • Rule of Law in EU External Relations • Conclusions

EU External Relations: from legal principles to the question of EU power • Objectives of EU external relations are stipulated in the Treaty of Lisbon • Transparent list of all EU external relations objectives in Article 21 Treaty of the European Union (TEU) • Article 21 TEU : “ The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.”

EU External Relations: from legal principles to the question of EU power Article 21 Treaty of the European Union: “The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to: (a) safeguard its values, fundamental interests, security, independence and integrity; (b) consolidate and support democracy, the rule of law, human rights and the principles of international law; (c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders; (d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty; (e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade; (f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development; (g) assist populations, countries and regions confronting natural or man-made disasters; and (h) promote an international system based on stronger multilateral cooperation and good global governance.”

EU External Relations: from legal principles to the question of EU power • Principles become objectives in EU external relations • EU external governance (Schimmelfennig/Wagner 2006) • Modelling the EU as a ‘power’ in EU external relations: • Normative Power Europe

EU External Relations: from legal principles to the question of EU power • Normative Power Europe (Manners 2002) • EU external action based on a normative constitution ( i.e. Article 2 TEU, Article 21 TEU ); • EU external action shaped by what it is ( community of values ); • EU external action and norm-diffusion through which the EU spreads norms ( beyond conditionality?); • EU external action: power of example ( challenge of coherence ); • Beyond ‘ Normative Power Europe’?

Human rights in EU External Relations • Human rights cut across all EU policies (internal and external) • Framework of principles, policies and tools to deliver on the EU’s constitutional human rights agenda • Two documents aim to systematize the mainstreaming of human rights in EU External Relations: • Joint Communication of the European Commission and the High Representative of the EU for Foreign Affairs and Security Policy on ‘Human Rights and Democracy at the Heart of EU External Action – Towards a More Effective Approach’ (12/12/2011, COM(2011) 886 final) • Council of the European Union, EU Strategic Framework and Action Plan on Human Rights and Democracy (25 June 2012, 11855/12)

Human rights in EU External Relations- The ‘Joint Communication’ • Challenges: • Objectives: • Roadmap: • Universality • Active • Joined up policy • Implementation • Effective • Partnerships • Coherence • Coherent • Harnessing the EU’s collective • Globalization weight

The Strategic Framework and Action Plan • Strategizes those broad orientations by identifying: • 7 key principles • 36 actions implementing the principles • Timeline for each action (theoretical)

Human rights in EU External Relations – i n practice… • Specific human rights policies: • Diplomatic actions (démarches, meetings, etc.) • Restrictive measures in response to human rights violations (ex.: asset freezes against members of the Syrian regime) • Dialogues and consultations (ex.: EU-China human rights dialogues) • Multilateral engagement (ex.: Participation of the EU to the UPR) • European Instrument for Human Rights and Democratisation

Human rights in EU External Relations – i n practice… • Policies used as levers for human rights: • Enlargement (Copenhagen Criteria include respect for human rights) • Partnerships and associations (ex.: ‘ essential element’ clause in Cotonou agreement with ACP Countries) • Trade (ex.: human rights clauses in FTAs) • Development (ex.: human-rights based approach)

The Rule of Law in EU External Relations • The rule of law cuts across all EU policies (internal and external) • Renewed interest for the rule of law: Succession of rule of law crises within the EU • Diverse rule of law traditions within the European Union (Rechtsstaat, Etat de Droit, rule of law) • From a formal towards a substantive/value-oriented perspective on the rule of law • The EU ‘normative trinity’: Rule of Law, Democracy and Human Rights • Beyond the principle of legality • No systematization

Rule of law in EU External Relations – Challenges and Objectives • Challenges: • Objectives: • Lack of clear definition • Legal certainty • New entry-point in EU external • A constructive ambiguity: action Rule of law, human rights, democracy? • Universality or towards a legal pluralism approach? • Coherence (internal/external and external/external)

Rule of Law in EU External Relations – In practice… The EU Rule of Law Instruments at the Bilateral and Multilateral Levels: • Soft instruments: conclusions, resolutions, declarations, statements, non-legally binding guidelines, human rights dialogues, EU Special Representatives missions • Legally binding instruments: positive and negative conditionality (e.g. GSP and GSP+) • Suspension clauses: systematic inclusion of clauses in bilateral agreements • Participation to International Initiatives: the rule of law as a priority in the UN Framework; EU Rule of Law Missions (e.g. EULEX in Kosovo)

Human Rights and the Rule of Law in EU External Relations – Conclusions • EU driven by principles laid down in the TEU • Human rights and rule of law cut across all policies of the European Union • EU aims to systematize human rights, while the rule of law remains less systematized • EU aims to mainstream human rights and the rule of law into its external policies • Challenges remain evident in- and outside the EU • Normative Power Europe: power of example or incoherence/ incredibility ?

Human Rights and the Rule of Law in EU External Relations – Further information  FRAME: Fostering Human Rights Among European Policies  ROLA: The Rule of Law – A Strategic Priority of the European Union’s External Action Matthieu Burnay, Nicolas Hachez, Kolja Raube Leuven Centre for Global Governance Studies