The principle of conditionality in the EU’s relations with neighbours: its evolution and reconciliation with the principle of consistency

The essay focuses on the principle of conditionality in the EU relations with third countries falling within the European Neighbourhood Policy. The Union makes the cooperation with these countries (and its development) subject to respect of good governance practices in tax matters, to legislative alignment to the EU acquis and to the efforts to integrate refugees present on their territories in the job market in exchange of tariff preferences. In some cases, the EU acts to protect its interests rather than to promote its values (as in the case of the classic political conditionality). The essays dwells on the compatibility between the mentioned three news forms of conditionality and the principle of consistency to which the EU external action is subject. The conclusion is that the good governance clauses in tax matters are compatible with the principle of consistency given that they can be seen as a way to promote multilateralism. As to the convergence conditionality, this is not only in line with the principle of consistency but it may be considered as a necessary element of the cooperation with countries that aspire to become Members of the European Union. Finally, the compatibility of the migrant integration conditionality (which underlines the Compact with Jordan) with the principle of consistency is doubtful. Indeed, the EU has changed the tariff preferences on goods coming from Jordan on the basis of a mechanism which is overly restrictive and whose implementation is aimed at creating the conditions for Syrians to remain in this country rather than to support Jordan’s economic growth, as provided for by the European neighbourhood policy.