Policy Coherence for Development Under Article 208 of the Treaty on the Functioning of the European Union - Towards a Complaints Mechanism

27 Pages Posted: 24 Mar 2016 Last revised: 11 Apr 2016

Lorand Bartels

University of Cambridge - Faculty of Law

Date Written: March 24, 2016

Abstract

This paper analyses Article 208(1) TFEU, which establishes what is commonly called 'policy coherence for development' as both an objective and an obligation for the EU's development cooperation policy. It argues that, as an obligation, Article 208(1) TFEU requires the EU – meaning each institution – to take into account development objectives in the formulation and implementation of any policy likely to affect developing countries. Should it fail to do so, any measure adopted by the EU is liable to annulment. In addition, the EU can be required to act if its omission violates a duty to act under Article 208(1). On the other hand, Article 208(1) TFEU does not contain an obligation of result. So long as the relevant EU institution has duly considered development objectives, it will have discharged its duty. The paper also discusses the ways in which the EU institutions can meet this obligation, including conducting impact assessments. It argues that, seen in light of the principle of proportionality, EU measures that are not based on a process that has taken into account development objectives are vulnerable to annulment. Finally, it discusses the enforcement of Article 208(1) TFEU: in other words, what can be done if the EU fails to take development objectives into account in its decision-making, especially in connection with the EU's substantive external human rights obligations under Article 21(3) TEU.

Keywords: EU law, EU external relations, EU development policy, policy coherence for development, EU external human rights policy, human rights impact assessments

JEL Classification: K33

Suggested Citation

Bartels, Lorand, Policy Coherence for Development Under Article 208 of the Treaty on the Functioning of the European Union - Towards a Complaints Mechanism (March 24, 2016). University of Cambridge Faculty of Law Research Paper No. 18/2016. Available at SSRN: https://ssrn.com/abstract=2754079

Lorand Bartels (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Paper statistics

Downloads
79
Rank
259,025
Abstract Views
334