Chapter

European Integration and the Rule of Law in Foreign Policy<sup>*</sup>

Geert De Baere

in Philosophical Foundations of European Union Law

Published in print October 2012 | ISBN: 9780199588770
Published online January 2013 | e-ISBN: 9780191741029 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588770.003.0014

Series: Philosophical Foundations of Law

European Integration and the Rule of Law in Foreign Policy*

Show Summary Details

Preview

This chapter examines how the EU has imposed external rule of law constraints on the Member States both as regards their domestic and foreign policies; and how both EU law itself internally, and international law externally, have imposed rule of law constraints on the EU. The discussion is organized as follows. It first sets out the core of the rule of law. It then explains how European integration has used a particular method, that is, the “Community method” or what could now be called the “ordinary Union method,” to enhance the observance of the rule of law among the nations of Europe. It then explores how that method explains both the undeniable success and some of the failures of the EU project. In particular, it is argued that that particular choice of method for European integration has led to a failure of the imposition of rule of law constraints on the area of “high politics” foreign policy. The lack of jurisdiction of the Court of Justice within the common foreign and security policy (CFSP) is used to illustrate that shortcoming, which considers the ordinary Union method as the only option for subjecting Member States' behavior to the rule of law, leaving other alternatives unconsidered. At the same time, the possibility of extending the Court's jurisdiction to the CFSP is used to illustrate how the rule of law can be advanced outside the original Community paradigm. The chapter argues that such advancement is only possible if the Union simultaneously strives for a reinforcement of the rule of law at the international level. It concludes that the cornerstone of European integration is not the ordinary Union method as the particular method chosen to subject Member States' behavior to the rule of law, but the rule of law itself.

Keywords: EU law; Member States; external rule of law; European Union; Community method; ordinary Union method; European Court of Justice; common foreign and security policy

Chapter.  18864 words. 

Subjects: EU Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.