Transformation of the EU's Internal Adherence to the Rule of Law and its Promotion of the Rule of Law Abroad: A Question of One Policy for Some, One for Others?

The paper examines the transformation of the EU’s handling of the rule of law as a guiding principle. It’s desire to adhere to this guiding principle, especially has it had in the lead-up to its largest enlargement has been hindered by the fact that differing conceptualisations of what this guiding principle stands for, exist across member states. The conceptualisation woes have impacted its ability to develop a clear strategy of implementation and in its approach towards ensuring the rule of law is protected from internal treats within the EU. Despite recent movements towards developing a more systemic approach to the rule of law internally, consideration needs to be given to the impact these internal challenges have on the EU’s external approaches to exporting this guiding principle abroad. The paper is not proposing that the EU’s approach to the rule of law externally is muddled, quite the opposite, that it seems to have developed a clearer and more developed understanding of legislative and policy instruments to support and reinforce this principle alongside democracy and human rights. The paper intends to compare and contrast the EU’s current internal mechanisms towards monitoring and ensuring the rule of law is adhered to, with the mechanisms and strategies it has developed for monitoring and measuring third countries on rule of law adherence as a part of the EU’s external relations agenda. Differentiation in mechanisms and strategies? Why? Could a common strategy and set of mechanisms be utilised both externally and internally, bringing cohesion to the EU’s overall approach to the rule of law?