The wedding of trade and human rights in the EU external action

2014 ◽  
pp. 397-401
Author(s):  
M Bokšová
Keyword(s):  
Human Rights ◽  
External Action ◽  
The Eu

Human Rights in EU Development Policy

2021 ◽  
pp. 682-706
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Development Policy ◽  
External Action ◽  
Development Cooperation ◽  
Development Programs ◽  
Member States ◽  
Missed Opportunities ◽  
Constitutional Level ◽  
The Eu

This chapter studies the role of human rights in EU development policy. The place of human rights in development policy was solidified at the constitutional level with the entry into force of the Lisbon Treaty, which made the promotion of human rights in all EU external action a legal obligation. As a result, different institutional mechanisms, thematic guidelines, and dedicated instruments and strategies have been put in place to consolidate a comprehensive operational framework aimed at ensuring that EU development programs advance human rights worldwide coherently and consistently. EU development policy is a shared competence, which means that both the EU and its Member States are entitled to act within this domain, as long as national actions do not undermine EU laws and positions. The sharing of competences, however, makes it more difficult for the EU to live up to the commitment of coherent and consistent promotion of human rights. In any case, substantial amount of coordination between the EU and the Member States is required in order to deliver coherence in development policy. However, the role of the EU as a normative leader in development cooperation remains subject to a multitude of long-standing criticisms and various evaluations of EU human rights policy point to a series of mixed results and missed opportunities.

The EU human rights and democratisation policy

2020 ◽  
pp. 478-503
Author(s):  
Cristina Churruca Muguruza ◽  
Felipe Gómez Isa
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
External Action ◽  
European Neighbourhood Policy ◽  
Effective Response ◽  
Counter Terrorism ◽  
The World ◽  
Eu Policies ◽  
And Gender ◽  
The Eu

The promise of the Lisbon Treaty to put human rights, democracy, and the rule of law at the centre of all external action led to renew the EU’s efforts to frame an effective response to the challenges that human rights and democracy face worldwide. A Strategic Framework and Action Plan on Human Rights and Democracy was adopted in June 2012 followed by a second Action Plan for 2015–2019. The Action Plans looked to increase the coherence and complementarity of all the tools that support human rights and democracy across the world. This chapter first analyses the objectives and priorities that guide the EU human rights and democratisation policy and the specific tools and instruments developed by the EU to implement them. Then it sheds light on the opportunities and challenges posed by the human rights and democratisation policy using as an example some of the questions raised in the relations between the EU and Egypt, a country under the European Neighbourhood Policy. This case shows that to effectively promote and defend human rights and democracy would mean first of all integrating consistently their promotion in the different EU policies involved in a region such as development, migration, security, counter-terrorism, women’s rights and gender equality, enlargement, and trade. The chapter concludes that the EU should strive to keep its commitment and not to conceal its values in order to be a leading actor in the field of human rights.

The EU’s institutional human rights architecture

2020 ◽  
pp. 117-134
Author(s):  
Monika Mayrhofer
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Commission ◽  
External Action ◽  
Fundamental Rights ◽  
European Council ◽  
Pivotal Role ◽  
The European Union ◽  
Institutional Architecture ◽  
The Eu

The EU is neither a state nor a ‘normal’ international organisation, but has a unique institutional structure that is sometimes also referred to as a ‘sui generis’ institutional framework. The institutions of the EU have a pivotal role concerning EU human rights policies. This chapter will provide an analysis of how human rights competences are distributed among EU institutions. It will discuss the institutional architecture of human rights in the EU by analysing the European Council, the Council of the European Union and its human rights-related Working Parties, the European Parliament, the European Commission, the Court of Justice of the European Union, the European External Action Service and the Special Representative on Human Rights, the Fundamental Rights Agency, and the European Ombudsman. The analysis will be followed by a summary of opportunities and challenges, a presentation of areas for improvements and recommendations, and a brief conclusion.

Fundamental Rights in the EU Institutional Landscape

2021 ◽  
pp. 27-69
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
External Action ◽  
Fundamental Rights ◽  
External Representation ◽  
The European Union ◽  
Legislative Proposals ◽  
Central Pillar ◽  
National Human Rights Institutions ◽  
Institutional Actors ◽  
The Eu

This chapter examines the roles of the various institutional actors in the EU fundamental rights architecture. The European Commission is the most well-known supranational institution of the EU. It acts as the central pillar of the EU system with responsibilities spanning legislative proposals and enforcement of EU law, among others. As such, the Commission has an important role in ensuring that EU and implementing national law is consistent with fundamental rights. The conduct of the Commission itself is equally subject to fundamental rights requirements which is of additional significance due to its external representation role in which the Commission should also promote human rights. The other institutional actors include the European Parliament; the Council of the European Union; the Court of Justice (CJEU); the European External Action Service (EEAS) and EU Special Representative (EUSR) for Human Rights; the EU Agency for Fundamental Rights (FRA); the National Human Rights Institutions (NHRIs); the national equality bodies (NEBs) and national data protection authorities (NDPAs); and the European Ombudsman. Although the Member States are not EU institutions or bodies, their importance in the EU system overall and for the protection of fundamental rights in particular cannot be overlooked.

Human Rights in EU External Action

2021 ◽  
pp. 539-645
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Action Plan ◽  
External Action ◽  
Policy Documents ◽  
Specific Policy ◽  
Specific Objective ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

This chapter describes the central aspects of human rights in EU external policies and representation. As such, it focuses on the second prong of the EU's relationship with human rights — their external promotion (as opposed to their internal protection). The general principles and objectives of EU external action are unsurprisingly enshrined in the EU Treaties. The most important provisions in this regard are Articles 3(5) and 21 TEU, although Article 49 TEU (enlargement) and Article 8 TEU (neighbourhood) in conjunction with Article 2 TEU (EU values) are also of relevance for the respective policy domains. When it comes to the specific objective of promoting human rights, the policy is elaborated in the EU Strategic Framework on Human Rights and Democracy, which constitutes the central reference point in EU human rights policy. It is complemented and operationalized by more specific policy documents (notably the EU Action Plan on Human Rights and Democracy) and instruments. The chapter also discusses the Common Foreign and Security Policy (CFSP).

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

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