The EU's Conceptualisation of the Rule of Law in its External Relations

Lisa Louwerse obtained her Ph.D. from Leiden University, where she worked as a lecturer/researcher at the Europa Institute. She is currently a senior policy advisor on EU environmental affairs at the province of South-Holland.

Preface


Abbreviations


Table of Documents


The Rule of Law in EU External Relations An Introduction

 1 Introduction


 2 Problematique and Research Question


 3 Delineating the Research Question


 4 Structure


 5 Contribution to Legal Scholarship


 6 Methodology




Part 1 

1 The Common Core of the Rule of Law The Concept in the Most Prominent Legal Systems of the EU

 1 Introduction


 2 The Rule of Law Adopted as a Solution to Common Problems: Restraint of Power and Preservation of Individual Liberty


 3 The Common Underpinnings of the Rule of Law: Separation of Powers as a Means of Ensuring Judicial Independence


 4 The Common Substance of the Rule of Law: The Element of Legality


 5 The Common Mechanism for Safeguarding the Rule of Law: Judicial Review


 6 Conclusion




2 The Common Elements of the Rule of Law in Legal Theory

 1 Introduction


 2 The Purpose of the Rule of Law: Restraint of Power and the Protection of Individual Liberty


 3 The Core Substance of the Rule of Law: Legality


 4 The Institutional Underpinnings of the Rule of Law: Emphasis on the Legal System and Judicial Independence


 5 The Safeguarding Mechanisms of the Rule of Law: Judicial Review and other Procedural Elements


 6 Conclusion




 General Conclusions to Part 1 The Analytical Framework for the Case Studies




Part 2 

3 The EU’s Conceptualisation of the Rule of Law in Its Development Cooperation Practice

 1 Introduction


 2 The Rule of Law and Its Relation to EU Development Cooperation: EU Policy and the Toolbox for Rule of Law Promotion


 3 Rule of Law Elements in the EU’s Practice of Development Cooperation


 4 General Findings


 5 Conclusion




4 The EU’s Conceptualisation of the Rule of Law in Its Enlargement Practice

 1 Introduction


 2 The Rule of Law and Its Relation to EU Enlargement: EU Policy and the Toolbox for Rule of Law Promotion


 3 Rule of Law Elements in the EU’s Practice in Enlargement


 4 General Findings


 5 Conclusion




5 The EU’s Internal Conceptualisation of the Rule of Law in the Light of the EU’s Enlargement Policy

 1 Introduction


 2 The EU’s Internal Rule of Law Toolbox: Rule of Law Elements Identified


 3 The EU’s Internal Conceptualisation of the Rule of Law: Lessons Learned?


 4 Conclusion




 Conclusions The Influence of the Policy Area on the EU’s Conceptualisation of the Rule of Law in Its External Relations

 1 Introduction


 2 The EU’s Conceptualisation of the Rule of Law in Development Cooperation and Enlargement: Influences and Explanations


 3 The Way Forward?


 4 Conclusion




Bibliography


Index