OUVRAGE : S. Poli (ed.), Protecting Human Rights in the European Union’s External Relations

Sara POLI

This volume enquires into selected legal problems that the EU’s contribution to human rights protection in the world entails, taking into consideration not only the Common Foreign and Security Policy (CFSP), but also other aspects of EU external action, such as development cooperation and the Common Commercial Policy. Hence, the title: ‘Protecting Human Rights in the European Union’s External Relations’.

In a nutshell, the themes investigated are the following: the limits to the Commission’s discretion in exercising administrative powers in the implementation of the EU’s human rights policy; and the strengths and weaknesses of selected legal instruments - such as human rights clauses in EU agreements, the Council guidelines on human rights, and unilateral measures such as trade incentives - used to promote respect for human rights. Two papers specifically focus on the promotion of social rights, labour standards and good governance practices in the world. The final research theme, explored by the last two pieces, concerns the international responsibility of the EU and/or its Member States when breaches of human rights are committed in the course of CSDP military missions, in particular Operations EU NAVFOR Med Sophia and EU NAVFOR Atalanta.

This Working Paper is the result of an October 2015 Conference at the University of Pisa entitled ‘Human Rights in EU Foreign Affairs’, organised by the 2013-2016 Jean Monnet Chair, Sara Poli, and co-funded by the European Commission as part of the Lifelong Learning Programme.



TABLE OF CONTENTS

Sara Poli, Setting the Scene 

Ilaria Vianello, Guaranteeing Respect for Human Rights in the EU’s External Relations: What Role for Administrative Law? 

Francesca Martines, Human Rights Clauses in EU Agreements 

Jan Wouters and Marta Hermez, EU Guidelines on Human Rights as a Foreign Policy Instrument: An Assessment 

Samantha Velluti, The Promotion of Social Rights and Labour Standards in the EU’s External Trade Relations 

Sara Poli, The Promotion of Good Governance as an Autonomous Objective of the EU’s External Relations 

Efthymios Papastavridis, EUNAVFORMED Operation Sophia: Fighting Smuggling of Migrants or Protecting Human Rights? 

Emanuele Sommario, Attribution of Conduct in the Framework of CSDP Missions: Reflections on a Recent Judgment by the Higher Administrative Court of Nordrhein-Westfalen

Sara POLI (ed.), Protecting Human Rights in the European Union’s External Relations, The Hague, CLEER, 2016 (174 pp.)

Contributors: Marta Hermez (University of Leuven), Francesca Martines (University of Pisa), Efthymios Papastavridis (University of Oxford, Democritus University of Thrace, Academy of Athens and Athens Public International Law Center), Sara Poli (University of Pisa), Emanuele Sommario (Scuola Superiore Sant'Anna), Samantha Velluti (Sussex Law School), Ilaria Vianello (European University Institute), and Jan Wouters (University of Leuven).