Abstract (may include machine translation)
This contribution first aims to clarify the dominant understanding promoted by the EU in the context of its external action before discussing the extent to which the EU may be said to have contributed to the shaping of an international understanding of the rule of law. It is argued that notwithstanding the relatively superficial and, at times, fluctuating nature of the definitions one may encounter in EU external instruments and other EU publications, EU institutions tend to promote a broad, substantive and holistic understanding.
As regards the shaping of an international understanding, it is submitted that the EU cannot claim much success in terms of norm-building for two main reasons: the EU has accepted the Council of Europe’s normative pre-eminence and is promoting an understanding that was initially shaped by other international organizations and which has now become highly consensual on the international plane. Rather than any decisive contribution to the shaping of a new international understanding, the EU may be said to have significantly contributed to the diffusion of a substantive and holistic conception of the rule of law and the progressive solidification of an international consensus regarding its core elements and inextricable links with the principles of democracy and respect for human rights.
Original language | English |
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Title of host publication | The European Union's Shaping of the International Legal Order |
Editors | Dimitry Kochenov, Fabian Amtenbrink |
Publisher | Cambridge University Press |
Pages | 108-129 |
Number of pages | 22 |
ISBN (Electronic) | 9781139519625 |
ISBN (Print) | 9781107033337 |
DOIs | |
State | Published - 2013 |
Externally published | Yes |