ABSTRACT
The European rule of law promotion is the result of a process of policy-making, resembling much more a patchwork than a linear design. International legacies have certainly been very influential (Magen, 2007). Nevertheless, some differences between the US and the EU approaches exist. Under the American influence, the rule of law orthodoxy was held a powerful instrument to achieve two distinct, but related objectives: 1) ensuring the proper functioning of the market; and 2) supporting the emergence of democracy, good governance and human rights. The EU has to mix these two aspects (Youngs, 2001).