Faces of the Rule of Law in Europe
Author: Micha¿ Gierycz
Publisher:
Published: 2024-04-15
Total Pages: 0
ISBN-13: 9783525302583
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Reinforcing Rule of Law Oversight in the European Union
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2016-10-13
Total Pages: 357
ISBN-13: 1107108888
DOWNLOAD EBOOKThis book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
The Rule of Law in Europe
Author: María Elósegui
Publisher: Springer Nature
Published: 2021-04-20
Total Pages: 287
ISBN-13: 3030560015
DOWNLOAD EBOOKThis book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Relocating the Rule of Law
Author: Gianluigi Palombella
Publisher: Bloomsbury Publishing
Published: 2008-12-18
Total Pages: 244
ISBN-13: 1847314724
DOWNLOAD EBOOKIn this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Rule of Law in Europe
Author: Filipe Marques
Publisher: Springer Nature
Published:
Total Pages: 179
ISBN-13: 3031612655
DOWNLOAD EBOOKDefending Checks and Balances in EU Member States
Author: Armin von Bogdandy
Publisher: Springer Nature
Published: 2021-01-05
Total Pages: 478
ISBN-13: 366262317X
DOWNLOAD EBOOKThis open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
The Rule of Law in the EU
Author: Luisa Antoniolli
Publisher: Springer
Published: 2024-05-25
Total Pages: 0
ISBN-13: 9783031553219
DOWNLOAD EBOOKThis book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
A Citizen’s Guide to the Rule of Law
Author: Adis Nicolaidis, Kalypso Merdzanovic
Publisher: BoD – Books on Demand
Published: 2021-04-20
Total Pages: 180
ISBN-13: 3838215419
DOWNLOAD EBOOKIn our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Faces of the rule of law in Europe
Author: Michał Gierycz
Publisher: Vandenhoeck & Ruprecht
Published: 2024-08-12
Total Pages: 307
ISBN-13: 3647302589
DOWNLOAD EBOOKThe current discussion on the rule of law, especially in the EU, seems to be developing because the terms that express the idea of the rule of law in different European languages do not convey the same content. The rule of law, der Rechtsstaat, l'état de droit, to name just three language versions, were coined in different historical contexts and within different traditions of political thought. The question then becomes, to what extent is diversity in the understanding of the rule of law still legitimate today? The answer is sought in the book we have edited, whose authors are academically recognized individuals representing these different traditions of legal and political thinking. The publication is divided into three parts. The first part explains the concept of the rule of law and outlines the development of the idea of the rule of law. The analyses presented also address the issue of legal positivism seen as a minimization of the idea of the rule of law. In addition, this part includes articles on the problem of the rule of law from the perspective of Catholic social thought, as well as a consideration of the transformation of the legal concept of the rule of law into a kind of political fetish. Part two is devoted to various European traditions of understanding the rule of law. In this part of the book, the reader will find articles on approaches to the issue of the rule of law from the Anglo-Saxon, French, German, and Polish perspectives. The third part of the book deals with the issue of the rule of law from the perspective of the European Union. It is about the mechanisms of control of the rule of law in the Member States and the possibility of applying this concept to the EU.
The Impact of European Institutions on the Rule of Law and Democracy
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
Published: 2020-04-30
Total Pages: 320
ISBN-13: 1509915044
DOWNLOAD EBOOKSince 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
