Module 3 Flashcards
Human rights, democracy support and enlargement
Art.2 TEU
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
Art.21 TEU
The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:(a) safeguard its values, fundamental interests, security, independence and integrity;(b) consolidate and support democracy, the rule of law, human rights and the principles of international law
Magnitsky act 2013
Magnitsky Act in 2012 in the USEU Global Human Rights Sanctions Regime only in December 2020*“Unfortunately, Magnitsky is just one of many such cases in Russia. If we imposed sanctions every time we found evidence of human rights abuses, it would make relations completely unworkable” (a high-level EU official reported by Andrew Rettman, EUobserver.com, 11 July 2013
Human rights as a FP objective
The promotion of respect for human rights in third countries was one of the first topics on EPC’s agenda in the 1970sIt precedes the EU’s adoption of the democracy objectiveThere is a considerable body of international law on human rights, which has been accepted widely by governments of all typesAgreement among the EU member states on the importance of promoting human rights externally has been fairly uncontroversial among EU Mstsbut how to do this is very controversial among EU Msts.From 1980s onwards the EU develops foreign policy instruments to promote human rights in third countries, partly because of strong criticisms from the EP & in view of the accession of the CEECs in the 1990sIn 1990-91: EU member states also began to introduce political conditionality into their development policiesMaastricht Treaty (1991): “the development and consolidation of human rights and fundamental freedoms is an objective for both the CFSP and EC development cooperation.”1998: “internally and externally, respect for human rights as proclaimed in the Universal Declaration is one of the essential components of the activities of the Union”June 2012: “EU Strategic Framework and Action Plan on Human Rights and Democracy”EU Action Plan on Human Rights and Democracy (2020-24 –extended until 2027): sets out priorities and objectives to be implemented at the national, regional and multilateral level
Democracy as a FP objective
Compared with other international actors, the Union adopted the objectives of promoting democracy and good governance relatively late, at the start of the 1990s. Promoting democracy ambitious objective. It requires fundamental transformation of government and society.No body of international law on democracy. ‘there is neither a well-established rule or general principle of international law prescribing an individual or collective right to democracy nor an absolute duty of states or governments to be democratic’ (Karin Arts 2000)Democracy is a contested concept.Promoting democracy not a prominent issue for the Community or EPC until the mid 1980s.The transformation of Eastern Europe in 1989 in particular raised the issue of democracy on the agenda.*Maastricht Treaty (1991): developing and consolidating democracy and the rule of law’ as an objective both of development cooperation policy and of the CFSP. Human rights clause (1995) includes respect for democratic principles as an essential element with third countries.European Consensus on Development (2006; paragraph 42
How does the EU define human rights?
The EU’s definitions of human rights in its foreign policy stem directly from international standards or European standards (EU member states).The Union stresses the universality, indivisibility and interdependence of all human rights. In practice, more emphasis on civil and (to a much lesser extent) political rights. -Civil rights protect the individual’s life and liberty, ban discrimination on the basis of race, gender and so forth, and guarantee certain freedoms such as freedom of thought, speech, religion and assembly. -Political rights include the rights to participate in civil society and politics, such as the right to vote, and rights to a fair trial and due process. EU Human Rights Guidelines (adopted by the Council since 1998) include:-the death penalty-torture and other cruel, inhuman or degrading treatment or punishment-children and armed conflict-human rights defenders-rights of the child-violence against women and girls-compliance with international humanitarian law-rights of lesbian, gay, bisexual, transgender and intersex persons-freedom of religion or belief-Freedom of expression online and offline-Safe drinking water and sanitationThe Lisbon Treaty states that the EU is founded on values which include the rights of persons belonging to minorities
How does the EU define democracy?
The definition of democracy is not codified in international agreements.In 1998, a CFSP Common Position summarized democratic principles:-separation of legislative, executive and judicial powers;-guarantees of freedom of expression, information, association and political organization; and-the right to choose and change leaders in free and fair elections. *In 2009 the EU set out the basic elements of democracy, while acknowledging that ‘democratic systems may vary in forms and shape’ (Council conclusions on democracy support):-human rights (and especially the principle of non-discrimination, and minority rights);-men and women must participate on equal terms in political life;-democratically elected citizens’ representatives have an essential oversight role; and-the accountability of leaders and public officials to citizens *EU definitions are quite vague=▷open to accusations that it is ready to ‘adjust its promotion agenda to fit its own commercial and security interests’, and this harms its credibility in this area(Smith2014)
Report on implementation in 1993 of the resolution on human rights, democracy and development
“The Community approach is geared to the principle that international cooperation must focus especially on positive measures providing incentives for the promotion of democracy and human rights; the use of sanctions should be considered only if all other means have failed.” (European Commission, ‘Report on the implementation in 1993 of the Resolution on human rights, democracy and development’, COM (94) 42 final, 23 February 1994, p. 11)
Conditionality as an instrument for promotion of democracy an human rights
-Trade and association agreements, additional trade preferences under the GSP, technical and development assistance, diplomatic recognition, aid allocation, and other instruments can be made conditional on respect for human rights.-Human Rights clause (since 1995) included in all cooperation and association agreements =▷human rights and democratic principles are essential provisions and the EU can suspend/terminate the treaty.-Sanctions -‘EU global human rights sanctions regime (2020)to strengthen the EU’s ability to target individuals and entities responsible for human rights violations through travel bans and the freezing of funds.-The most powerful conditionality mechanism for promoting democracy and human rights can be established through enlargement
Aid for human rights and democratic reforms as an instrument for promotion of democracy and human rights
-the Neighbourhood, Development and International Cooperation Instrument (NDICI)-Global Europe (2021)o€79.5 billionoto promote human rights, democracy and the rule of law, as well as for long-term structural political and legal reformsocovers the EU cooperation with all third countries, except for the pre-accession beneficiaries and the overseas countries-‘EU Election Observation Missions’ (EU EOM
Diplomatic instruments as way to promote democracy and human rights
-EU declarations, statements, démarches-EU Special Representative for human rights (since 2012): since 2024 Olof Skoog-EU human rights guidelines (since 1998 several guidelines) for a dozen of priorities
CSDP as an instrument to promote democracy and human rights
Civilian missions
Evaluation of promotion of democracy and human rights by the EU
Inconsistencies in the EU’s promotion of these values: Different approaches to different countries(Belarus vs Saudi Arabia)Selective promotion of human rights issues (death penalty vs human trafficking)Inconsistent approaches to democracy promotion policies (‘embedded democracy’ vs narrower approach)Intra-EU inconsistencies in the coordination of policies on human rights and democracy.
Enlargement method
‣Unchanged since Luxembourg 1997 formula(with some new features at every enlargement but the fundamental logic remains the same)‣Pre-accession:financial and technical assistance to support economic, social, political and regulatory reform in line with EU requirements‣Accession negotiations: process for the adoption of EU acquis by candidate countries, divided in ‘chapters’ (35 to date)‣Supported by Instrument for Pre-accession Assistance (IPA):IPA I €11.5 bn 2007-2013, IPA II €11.7 bn 2014-2020; IPA III (2021-2027) €14. 2 bn to support candidate countries and potential candidates in key political, institutional, social and economic reforms
Enlargement revised
Revised enlargement methodology launched by the European Commission in February 2020:*The aim: “to make the enlargement process more credible, predictable, dynamic and to enhance credibility and trust on both sides.” →Implicitly, the Commission recognizes that the process is not credible and lacks trust on both sides.
4 main principles of revised enlargement theory
1.Credibility: Candidate countries need to deliver on the reforms they promised, and EU needs to deliver when they do.2.Stronger political steer: Engaging with the candidates at top levelthrough regular summits and ministerial meetings.3.Clustering chapters with a view to identifying opportunities forearly alignment and integration into EU policies.4.Predictability through clear incentives and clear definition of conditions for the candidates.
Conditions for EU membership
Art. 49: ‘Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union’ →Art. 49 refer to several conditions
Any European state
The definition of “European” state is problematic: The term European has not been officially defined. According to the European Commission, Europeanness: “…It combines geographical, historical and cultural elements which all contribute to the European identity. The shared experience of proximity, ideas, values, and historical interaction cannot be condensed into a simple formula, and is subject to review by each succeeding generation…”(European Commission, Europe and the Challenge of Enlargement,1992)
Europeanness as defined by the Commission is controversial. It leaves the ultimate decision to the European Council, which shall decide the eligibility of the applicant.
Respect the values referred to in art.2
“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. ”These values are codified as conditions for membership in the Copenhagen criteria.
Copenhagen European council 1993
agreed that the associated countries in Central and Eastern Europe shall become members of the European Union.
Condition Copenhagen European council 1993
- stable institutions that guarantee democracy, the rule of law, human rights, and respect for and protection of minorities.
- a funcitoning market economy as well as the ability to cope with the pressure of competition and the market forces at work inside the union.
- the ability to assume obligations of membership, in particular adherence to the objectives of political, economic and monetary union.
- the union’s capacity to absorb new members, while maintaining the momentum of EU integration.
PS. the acquis communautaire requirement spelled out for the first time = adoption of the acquis forms the basis for accession.
Madrid European council 1995
An additional administrative condition, which is that the accession requires the candidate country to have created the conditions for its integration by adapting its administrative structures. gradual, harmonious integration of those states, particularly through the adjustment of their administrative structures.
Enlargement observations
*Due to its conditionality and assistance features, enlargement should be understood as a relation of power‣Third countries can accede, but need to transform/conform‣the experience of enlargement leads totheconceptualisationof the EU as ‘empire’(Zielonka, 2006) ‣A relation that is conceived by its actors and conceptualized by scholars as more than a foreign policy, as a relation of governing/governance (Friisand Murphy 1999; same reasoning as in Lavenexand Schimmelfennig, 2009)
What is a middle power?
Countriesthat are “neither great nor small in terms of their power, capacity, and influence and they exhibit the capability to create cohesion and obstruction toward global order and governance” (Jordan 2003).Netherlands vs Turkey = ▷Same type of middle power?Middle powers constitute the majority of states in the international system and contributed to the stability of the LIO in the past.BUT many turned authoritarian.*And many started to contest IOs and LIO = ▷destabilizing effect on the LIO.
