A Burgeoning Community of Justice? The European Union as a Promoter of Transitional Justice

Abstract

Emerging from Europe’s age of total war, the European Union (EU) has a long-standing interest in promoting transitional justice. However, since this desire to become a community of justice has remained implicit, it has been overlooked by much of the literature. Despite internal tensions between east and west, over the last twenty years the EU has sought to active promote of justice both ‘down’ onto its member-states and ‘out’ into world affairs. Based on an analysis of legal texts and regulations, as well as demonstrative case studies, I argue the EU’s record in this area is mixed. Although it has been able to use membership to force changes as part of the accession process, existing member-states and states outside of Europe have resisted these efforts. Despite its desire to incorporate transitional justice into its legal regime, I show that the EU’s efforts in promoting transitional justice remain largely political.