The Rule of Law in the Area of Freedom, Security and Justice: Monitoring at home what the European Union preaches abroad

Abstract

Most of the research on the rule of law in the European Union focuses on its external dimension. However, to be a credible rule of law promoter abroad, rule of law standards at home need to match what the EU preaches abroad. This article assesses developments regarding the strengthening of the rule of law in the Area of Freedom, Security and Justice heralded in 2009 as one of the objectives of the Stockholm Programme. Two mechanisms had been envisaged. First, a new peerreview mechanism, based on a Dutch initiative, would be introduced. Second, ambitions to improve the monitoring culture of Justice and Home Affairs instruments found some support in the strengthening of the relationship between the Council of Europe and the European Union. Not only the negotiations on the EU’s accession to the European Convention on Human Rights should improve the rule of law and mutual trust, but the EU could also better make use of the existing monitoring instruments of the Council of Europe. Inter-institutional tensions over the implementation of JHA policies, as well as turbulences surrounding the EU’s accession to the ECHR have nonetheless come to light and are explored in this article.