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Vianello, Ilaria --- "From objects to subjects: paving the way for third countries and their natural and legal persons" [2017] ELECD 934; in Bardutzky, Samo; Fahey, Elaine (eds), "Framing the Subjects and Objects of Contemporary EU Law" (Edward Elgar Publishing, 2017) 227

Book Title: Framing the Subjects and Objects of Contemporary EU Law

Editor(s): Bardutzky, Samo; Fahey, Elaine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786435736

Section: Chapter 12

Section Title: From objects to subjects: paving the way for third countries and their natural and legal persons

Author(s): Vianello, Ilaria

Number of pages: 16

Abstract/Description:

The obligation to respect the rule of law in the way the EU develops and implements its external policies implies the need to address the principles that should govern the EU’s conduct towards its international partners and their citizens in a relational sense. The development of procedural standards that would regulate the relations between the Union and third states (including their natural and legal persons) is hindered by – inter alia – the Court’s narrow understanding of subjects in EU law. This chapter discusses how a more encompassing definition of subjects of EU law, one which takes into account the type of relation that the Union develops with third states and their natural and legal person, has the potential to articulate the respect of the rule law in the administrative phase of the EU external policies. The chapter uses as case studies Stabilisation and Association Process and the European Neighbourhood Policy. Key words: Rule of law, Administrative law, EU external relations, Participatory mechanism, Stabilisation and Association Process, European Neighbourhood Policy.


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