ENCOURAGING COOPERATION WITH COMMON UNDERSTANDING: HOW THE EU AND MERCOSUR DEFINE THE RULE OF LAW?

Resumen

The paper refers to a comparative analysis of the rule of law in the European Union (EU) and the Southern Common Market (Mercosur) region. This research focuses on how both entities define and apply the rule of law to better understand how they foster a fruitful interregional dialogue. The EU and Mercosur have been trying to agree for two decades now, and they are still discussing it. At this stage, the main attention on this agreement concerns trade, but they also want to incentivise political dialogue. This research aims to encourage this dialogue starting from a mutual understanding of the values at the basis of the two regions. The main question is: how do the EU and Mercosur define and employ the rule of law? The first section will analyse the concept of the rule of law embedded in the EU norms and the different approaches adopted by Mercosur’s legal framework. Successively, the second section will underline how the EU and Mercosur can enforce the rule of law through Art. 7 Treaty of the European Union or through Protocolo of Ushuaia in Mercosur. The study will conclude by underlining the regional rule of law backlash that both the EU and Mercosur are now experiencing. The ultimate purpose is to provide the two regional institutions with the tool of mutual knowledge to start an effective interregional dialogue.