The application of human rights conditionality in the EU’s bilateral trade agreements and other trade arrangements with third countries

The European Union frequently imposes sanctions on countries that violate human rights and democratic principles in third countries. It does this most frequently within the context of the Common Foreign and Security Policy (CFSP), which usually, but not always, implements action taken by the UN Security Council. Additionally, the EU conditions economic benefits which it provides to third countries on the compliance of those countries with human rights and democratic principles. This practice of conditionality, on which the present study focuses, takes two main forms. On the one hand, the EU disposes over a range of conditionality clauses permitting the withdrawal of privileges in the event that the beneficiary country violates human rights and democratic principles. On the other, in the area of trade preferences, the EU provides positive incentives to countries that comply with human rights (and other) norms. This study discusses these systems of negative and positive conditionality, with a focus on their consistency, effectiveness, legitimacy and legality. Annex I contains a set of recommendations arising out of the study.

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