Rule of Law in German and European Foreign Policy: The Use of Rule-of-Law Clauses in International Treaties

This Saar Brief explores how Germany and the EU use “rule-of-law clauses” in international agreements as foreign policy tools, linking them to EU treaties and Germany’s Basic Law. Drawing on case studies such as EU–Ukraine, EU–Moldova, EU–Israel, and CETA, it shows a preference for political over legal enforcement. The author calls for faster enforcement.

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Prof. Thomas Giegerich: The Rule of Law, Fundamental Rights, the EU’s Common Foreign and Security Policy and the ECHR: Quartet of Constant Dissonance?

In his newest publication, Prof. Giegerich postulates that the jurisdiction over the CFSP remains limited, leaving parts of EU foreign policy beyond judicial review. This creates a rule-of-law blind spot that clashes with the EU’s fundamental values under Article 2 TEU. While EU accession to the ECHR may reduce this tension, only a Treaty revision can fully close the gap and restore the EU’s credibility as a rule-of-law champion.

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