A case study of ‘soft law’ in EU external relations: The European Neighbourhood Policy

Abstract: This article examines the soft legal nature and function of the instruments constituting the European Neighbourhood Policy (ENP). Three distinct stages in the development and execution of this policy are identified, and it is argued that these phases explain the dominant functions of soft instruments, as well as their quality as hard or soft law. In its conclusion, this article evaluates the effectiveness and legality of using soft law to conduct the ENP, and flags up the essential elements for assessing the use of soft law in EU external relations more generally.