This article examines the European Union’s (eu’s) rule of law promotion in post-Soviet Central Asia. More specifically, it focuses on the eu’s Rule of Law Initiative, which aims to support legal sector modernization and judicial reforms in the region. Drawing on the “democratic rule of law” (droL) model developed by Magen and Morlino, the article analyzes whether the Rule of Law Initiative can contribute to democratization processes in Central Asia. Based on content analysis of eu documents and semi-structured expert interviews with European and Central Asian stakeholders, the study reveals the eu’s very limited ability to trigger genuine reform. The main reasons are its lack of leverage in the region, limited financial resources, and reliance on the joint ownership approach in the context of authoritarian states.
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Brian Z. Tamanaha, On the Rule of Law: History, Politics, Theory (Cambridge: Cambridge University Press, 2004), 95; Randall Peerenboom, “Law and Development of Constitutional Democracy in China: Problem or Paradigm?” Columbia Journal of Asian Law, 19 (2005): 201; HiiL, “Rule of Law: Inventory Report” (2007) http://www.hiil.org/uploads/File/1–947-Rule_of_Law_Inventory_Report_2007.pdf (accessed January 11, 2011), 22.
Thomas Carothers, “Promoting the Rule of Law Abroad: The Problem of Knowledge,” Carnegie Endowment for International Peace Working Papers. Rule of Law Series, no. 34 (2003): 7, http://www.carnegieendowment.org/files/wp34.pdf (accessed February 20, 2011).
Rachel Kleinfeld Belton, “Competing Definitions of the Rule of law: Implications for Practitioners,” Carnegie Papers, Rule of Law Series, no. 55, (2005), http://www.carnegieen-dowment.org/publications/index.cfm?fa=view&id=16405 (accessed February 20, 2011).
Thomas Carothers, “The Rule of Law Revival,” Foreign Affairs, 77 (1998): 96; Ronald Dworkin, A Matter of Principle (Cambridge, ma: Harvard University Press, 1985), 11–12.
Wolfgang Merkel, “Embedded and Defective Democracies,” Democratization, 11, no. 5 (2004): 33–58.
Cf. John Finnis, Natural Law and Natural Rights (Oxford: Clarendon, 1980), 170–71; Joseph Raz, The Authority of Law: Essays on Law and Morality (Oxford: Oxford University Press, 1979), 212; Lon L. Fuller, The Morality of Law (New Haven, ct: Yale University Press, 1969), 39.
European Commission, “Communication from the Commission to the Council and the European Parliament of 25 January 2006,” 4.
Alexander Warkotsch, Die Zentralasienpolitik der Europäischen Union. Interessen, Strukturen und Reformoptionen (Frankfurt a.M.: Peter Lang, 2006), 7–8; Alexander Warkotsch, “Normative Suasion and Political Change in Central Asia,” Caucasian Review of International Affairs, 2, no. 4 (2008): 62–71.
Axyonova, The European Union’s Democratization Policy for Central Asia, 7.
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Cf. Wim A. Timmermans, “Independence of the Judiciary in the Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan),” Expert Study – Rule of Law Platform Central Asia (2014) http://ruleoflaw.eu/wp-content/uploads/2014/04/Independence-of-the-judiciary-in-the-Central-Asian-States-EN-reduced.pdf (accessed May 25, 2015); Adam Bodnar and Eva K. Schmidt, “Rule of Law and Judicial Independence in Eastern Europe, the South Caucasus, and Central Asia,” osce Yearbook 2011 (2011): 289–301.
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Cf. Gordon Crawford, “Promoting Democracy from Without – Learning from Within (Part i),” Democratization, 10, no. 1 (2003): 77–98.
All Time | Past 365 days | Past 30 Days | |
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This article examines the European Union’s (eu’s) rule of law promotion in post-Soviet Central Asia. More specifically, it focuses on the eu’s Rule of Law Initiative, which aims to support legal sector modernization and judicial reforms in the region. Drawing on the “democratic rule of law” (droL) model developed by Magen and Morlino, the article analyzes whether the Rule of Law Initiative can contribute to democratization processes in Central Asia. Based on content analysis of eu documents and semi-structured expert interviews with European and Central Asian stakeholders, the study reveals the eu’s very limited ability to trigger genuine reform. The main reasons are its lack of leverage in the region, limited financial resources, and reliance on the joint ownership approach in the context of authoritarian states.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 608 | 146 | 16 |
Full Text Views | 236 | 1 | 1 |
PDF Views & Downloads | 50 | 4 | 3 |