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An `Ever Closer Union' in Need of a Human Rights Policy: The European Union and Human Rights

Philip Alston and J. H. H. Weiler1

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Abstract

While the EU is a staunch defender of human rights in both its internal and external policies, it lacks a comprehensive or coherent policy at either level. This discrepancy is even less sustainable in 1999 than it was just a few years ago. Monetary union, enlargement, a need to match growing powers with effective human rights scrutiny, and various other developments all necessitate a far more developed human rights policy. Existing institutional arrangements are especially unsatisfactory and the article puts forward a wide range of measures that should be explored in relation to the role of the Council, Commission, Parliament and Court, as well as Member States.

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1 Respectively Professor of International Law, European University Institute, and Manley Hudson Professor of Law, Harvard University. Members of the Editorial Board. This analysis is adapted from a report prepared for the Comité des Sages which was responsible for `Leading by Example: A Human Rights Agenda for the European Union for the Year 2000'. The Agenda was made public in October 1998 and can be found at http://www.iue.it/AEL/. The Committee, consisted of Judge Antonio Cassese, Mme. Catherine Lalumière, Professor Peter Leuprecht, and Mrs. Mary Robinson. The authors are deeply indebted to the members of a Drafting Group which discussed both the outline and many of the details of this Report. In addition to the authors it was composed of Ms Mara Bustelo, Mr James Heenan, Mme. Catherine Lalumière, Mr Michael O'Boyle, and Professors Andrew Clapham, Gráinne de Búrca, Bruno de Witte and Peter Leuprecht. They are not, however, responsible for the content of this analysis. Many of the analyses referred to below were also prepared for the same purpose and will be published in P. Alston (ed.), The European Union and Human Rights (forthcoming, Oxford University Press in English, and Bruylant in French).

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