The EU’s approach to human rights conditionality in practice

Book abstract:

This work seeks to explore the workings of the EU's conditionality policy as applied in its relations with third countries, and considers both its nature and reach. Two kinds of conditionality are examined - 'ex ante' and 'ex post'. The former deals with conditions that the parties should fulfil in order to conclude an agreement and the latter with those instances where the conditions are already part of an existing agreement or framework already concluded between the parties.

The book is divided into three parts. The first part contains chapters which explore the legal framework of the Community external relations, human rights in the external relations, and the concept and reach of conditionality. The second part deals with the 'ex ante' aspect of conditionality and comprises two chapters. One addresses the conditionality applied to European countries (be they candidate countries or those of South-Eastern Europe) and the other to conditionality as it is applied to third countries outside the European continent. The third and largest part, containing five chapters, is given over to exploring the conditionality 'ex post'. The first chapter gives the background to the formation and evolution of human rights clauses and their actual status. The second chapter analyses the legal basis and scope of the clause and provides a 'non-orthodox interpretation of the reach of the clause'. There then follow two chapters based upon case studies. One addresses the impact of the clause before concluding the agreement. The other considers the application of the clauses in bilateral agreement. The final chapter concentrates on the unilateral human rights clauses included in financial regulations. The author provides a comprehensive concluding chapter in which she explores such issues as double-standards in application of human rights clauses as between economically developed and economically dependent third countries.

The work will interest academics, students, policy-makers and legal practitioners engaged in the field of human rights.

Dr Elena Fierro has worked in several EU institutions, including the European Parliament, Committee of the regions and Economic and Social Committee. At present she is working as an administrator at the European Commission in Brussels.

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