EU APPROACH TO HUMAN RIGHTS CONDITIONALLY IN PRACTICE (H/C)

HUMAN RIGHTS IN THE EXTERNAL RELATIONS OF THE EU MAY MANIFEST ITSELF IN DIFFERENT MANNERS; ONE OF THEM IS THE CONDITIONALITY POLICY THAT THE EU APPLIES TO THIRD COUNTRIES. THIS STUDY EXPLORES THE MODALITIES OF THIS CONDITIONALITY POLICY, AS WELL AS ITS NATURE AND REACH. IT ALSO ANALYZES HOW THE POLICY COULD BE IMPROVED AND BE MADE MORE COHERENT AND EFFECTIVE. THE POINT OF DEPARTURE IS THE DIVISION MADE BETWEEN TWO MODES OF CONDITIONALITY EX ANTE AND EX POST. IN THE FIRST CASE THE EU ISSUES CONDITIONS, WHICH MUST BE FULFILLED BEFORE THE NEGOTIATION OR CONCLUSION OF A GIVEN AGREEMENT OR AN ACTION WITH A VIEW TO STRENGTHENING THE RELATIONS. THE SECOND CASE, CONDITIONALITY EX POST, IS WHEN CONDITIONS ARE ALREADY PART OF AN AGREEMENT OR AN ESTABLISHED RELATION. THE SO-CALLED HUMAN RIGHTS CLAUSE, OR DEMOCRATIC CLAUSE, INCARNATES THE SECOND MODALITY. THIS STUDY EXPLORES BOTH TYPES OF CONDITIONALITY, BUT PUTS A SPECIAL EMPHASIS ON THE SECOND, GIVEN ITS LEGAL NATURE, IT RECIPROCITY, AND ITS SY