The European neighbourhood policy and the democratic values of the EU
A legal analysis
Samenvatting
This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.
Trefwoorden
Specificaties
Inhoudsopgave
Abbreviations
Table of Cases
Table of Treaties and Other Instruments
1 Introduction
1.1 Aims and Approaches
1.2 Structure
2 Democracy Promotion, EU External Relations Law and the ENP Objectives
2.1 Introduction
2.2 Democracy Promotion and EU External Relations Objectives
2.2.1 Democracy Promotion Prior to the Lisbon Treaty
2.2.2 The Lisbon Treaty: A New Role for Democratic Values within EU Foreign Policy?
2.2.3 Consistent Democracy Promotion?
2.3 ENP Objectives: Democracy Promotion within a Security Framework?
2.3.1 The Security Agenda of the ENP
2.3.2 Democracy Promotion and ENP Objectives
2.4 Conclusion
3 Legal Aspects of ENP: Institutions, Competence and Instruments
3.1 Introduction
3.2 Pre- and Post-Lisbon Institutional Aspects
3.2.1 EU Institutions and Member States: Pre-Lisbon Arrangements
3.2.2 Post-Lisbon Role of EU Institutions
3.3 EU External Competence and ENP
3.3.1 Across the Spectrum of EU External Competence
3.3.2 Article 8 TEU and its Added Value
3.4 Instruments and Methodology
3.4.1 Soft Law: Rendering Cooperation Possible
3.4.2 Hard Law Instruments: Adaptation and ‘Softening’
3.4.3 ENP Methodology
3.5 Eastern Partnership: Another European Economic Area?
3.5.1 Eastern Dimension
3.5.2 Seeking Novelty in Bilateral Cooperation
3.5.3 Multilateral Framework of Cooperation
3.6 Conclusion
4 Democratic Values of the EU
4.1 Introduction
4.2 The Normative Basis for Democracy Promotion: From Rome to Lisbon
4.2.1 The Founding Treaties and Democracy
4.2.2 Democratic Theories and the EU ‘Democratic Deficit’
4.3 Identification of Democratic Values
4.3.1 Representation as a Democratic Value
4.3.2 Liberal Constitutionalism
4.3.3 Participation and Deliberation as a Democratic Value
4.4 The Precedent of Enlargement
4.4.1 Creating Democracies in Accession States
4.4.2 Spreading the ‘Democratic Deficit’ to Candidate States
4.5 Conclusion
5 EU Democratic Values and the ENP – Implementation in the South Caucasus I: Action Plans
5.1 Introduction
5.2 Action Plans and EU Democratic Values: A Realistic Plan for Reform?
5.2.1 The Democratic Rhetoric and the Action Plans: General Observations
5.2.2 The South Caucasian Action Plans and their Democratic Agenda
5.3 Action Plan Implementation: Democratic Credentials
5.3.1 Action Plan Implementation in Georgia
5.3.2 Action Plan Implementation in Armenia
5.3.3 Action Plan Implementation in Azerbaijan
5.4 Conclusion
6 EU Democratic Values and the ENP – Implementation in the South Caucasus II: Monitoring and Assistance
6.1 Introduction
6.2 Monitoring Political Reform in the South Caucasus
6.2.1 Political Dialogue: What Monitoring?
6.2.2 Commission Monitoring: ‘Under Western Eyes’?
6.3 Financial Assistance and the Democratic Values of the EU
6.3.1 The Role of Democratic Values within the ENPI
6.3.2 In Search of Democratic Values in Measures Financed
6.3.3 Other Support Mechanisms
6.4 Conditionality: Quo Vadis?
6.5 Conclusion
7 Conclusion
Bibliography
Index
