Eu Enlargement And The Failure Of Conditionality
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Eu Enlargement And The Failure Of Conditionality
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Author : Dimitry Kochenov
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Eu Enlargement And The Failure Of Conditionality written by Dimitry Kochenov and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Legislative Approximation And Application Of Eu Law In The Eastern Neighbourhood Of The European Union
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Author : Roman Petrov
language : en
Publisher: Routledge
Release Date : 2014-02-24
Legislative Approximation And Application Of Eu Law In The Eastern Neighbourhood Of The European Union written by Roman Petrov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-24 with Law categories.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
Die Legitimit T Von Supranationalen Institutionen Der Eu
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Author : Jean-Christophe Merle
language : en
Publisher: LIT Verlag Münster
Release Date : 2012
Die Legitimit T Von Supranationalen Institutionen Der Eu written by Jean-Christophe Merle and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with European Union countries categories.
Research Handbook On Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-12-09
Research Handbook On Eu Criminal Law written by Valsamis Mitsilegas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.
This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.
Security And Cross Border Cooperation In The Eu The Black Sea Region And Southern Caucasus
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Author : A. Ergun
language : en
Publisher: IOS Press
Release Date : 2013-02-28
Security And Cross Border Cooperation In The Eu The Black Sea Region And Southern Caucasus written by A. Ergun and has been published by IOS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Political Science categories.
Cross-border cooperation is vital to overcoming obstacles to security building and the consolidation of stability, particularly in regions prone to political upheaval and conflict.This book presents papers from the NATO Advanced Research Workshop entitled “Security and Cross-Border Cooperation in the EU, Black Sea Region and Southern Caucasus”. This workshop was part of the NATO Science for Peace and Security Programme, and was held in Ankara, Turkey, in September 2011. It focused on developing a future research agenda, strengthening regional studies and increasing interdisciplinarity and the means to improve cross-border cooperation and was aimed at providing a comprehensive, interactive and interdisciplinary account of security building and cross-border cooperation in which domestic, regional and international dimensions were discussed. The book is divided into three sections. The first provides an analysis of the role of international and domestic actors in contributing to security building in the Euro-Atlantic, the Black Sea and the Southern Caucasus regions. The second section discusses the patterns of cross-border cooperation in Eastern and Central Europe and the wider Black Sea region, concentrating on Romania, Moldova, Ukraine, Georgia and the Russian Federation. With references to the nature of international involvement in conflict resolution, the last section focuses on cross-border cooperation in the Southern Caucasus, where conflicts have an enormous impact on nation-building, state-building and democratization, and where prospects for stability and a viable peace remain in serious question. This book is a valuable contribution to the literature on area studies, cross-border cooperation, security, and peace studies.
Reflections On 1989 In Eastern Europe
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Author : Terry Cox
language : en
Publisher: Routledge
Release Date : 2013-09-13
Reflections On 1989 In Eastern Europe written by Terry Cox and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-13 with Political Science categories.
This book presents a selection of recent research on the events and developments of 1989 in Eastern Europe. It offers a mix of detailed examinations of the events of 1989 in Eastern Europe, thoughtful and considered appraisals of developments, and ‘middle-range’ theoretical discussions of patterns of cause and effect. The authors range in their approaches from detailed examinations of government and ruling-party papers from the archives, some of it originally labelled top secret, to personal observations and oral history based on interviews with participants, to analysis of survey data and official statistics. In their chosen focus the essays range from explorations of the emerging crisis in the communist regimes that led to the events of 1989, reflections and insights into the events and changing mood during 1989 itself, and examinations of some of the consequences and legacies of 1989. This book was published as a special issue of Europe-Asia Studies.
Reinforcing Rule Of Law Oversight In The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-13
Reinforcing Rule Of Law Oversight In The European Union written by Carlos Closa and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-13 with Law categories.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Freedom Of Speech
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Author : Uladzislau Belavusau
language : en
Publisher: Routledge
Release Date : 2013-10-08
Freedom Of Speech written by Uladzislau Belavusau and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Law categories.
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
Borders Legal Spaces And Territories In Contemporary International Law
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Author : Tommaso Natoli
language : en
Publisher: Springer Nature
Release Date : 2019-09-12
Borders Legal Spaces And Territories In Contemporary International Law written by Tommaso Natoli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-12 with Law categories.
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
The Emergence Of European Society Through Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2024-03-06
The Emergence Of European Society Through Public Law written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-06 with Law categories.
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.