Abstract
The European Union has regarded the concept of “democratic principles” as important, which includes human rights, democracy and the rule of law. The purpose of this article is to examine the implication of these principles from the point of view of political conditionality.
The typical form of the EU conditionality was the inclusion of “essential element clause” and so-called “non-compliance clause” in some agreements between the European Community and the third countries. The formulation of conditionality in this line has developed after the mid-1990's. First, these two clauses were more universally included. Second, the concept of “good governance” has been linked with the non- compliance clause in the new agreement with the African, Caribbean and Pacific states (ACPs). Third, various external assistant programmes under the Community have become conditional.
In parallel with these trends, the EU has become a global actor in the field of democratic principles. Acceptance of qualified majority voting in the internal procedure of the Community made the non-compliance clause more applicable. This led unific sanctions at EU level in the case of some ACP countries. On the relation to neighboring countries, the strict political conditions have been established, especially in the context of enlargement policy toward Central and Eastern European Countries (CEECs). In addition, the sharing of image of the democratic principles among the Member States through some effort to define them shall increase the actorness of the EU.
While the conditionality toward the third countries has been strengthened, there is any possibility of “internal” conditionality for the Member States. It seems unclear whether suspension clause of Article 7 TEU introduced by the Amsterdam Treaty is applicable, although new Article 7 (1) TEU by the Nice Treaty will provide some opportunity that EU concludes a risk of breach by a Member State of democratic principles.
The powers which relate to the conditionality have been transfered from the Member States to the EC/EU level not only in the foreign policy but also in the internal one.
