European Judicial Systems As A Challenge For Democracy
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European Judicial Systems As A Challenge For Democracy
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Author : Elżbieta Kużelewska
language : en
Publisher:
Release Date : 2015
European Judicial Systems As A Challenge For Democracy written by Elżbieta Kużelewska and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Application des lois categories.
The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the European Union and the European Court of Human Rights.
The Rule Of Law In Europe
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Author : María Elósegui
language : en
Publisher: Springer Nature
Release Date : 2021-04-20
The Rule Of Law In Europe written by María Elósegui and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
This 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.
Human Rights Challenges In The Digital Age
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2020-01-06
Human Rights Challenges In The Digital Age written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-06 with Political Science categories.
The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.
Networking The Rule Of Law
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Author : Cristina Dallara
language : en
Publisher: Routledge
Release Date : 2016-04-22
Networking The Rule Of Law written by Cristina Dallara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Democracy And Judicial Reforms In South East Europe
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Author : Cristina Dallara
language : en
Publisher: Springer
Release Date : 2014-07-08
Democracy And Judicial Reforms In South East Europe written by Cristina Dallara and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-08 with Political Science categories.
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
Current Challenges In Court Administration
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Author : Piotr Mikuli
language : en
Publisher:
Release Date : 2017
Current Challenges In Court Administration written by Piotr Mikuli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Court administration categories.
Court administration, in a strict sense, encompasses the technical, organizational, and material conditions of court operation, while it, in a larger sense, concerns a great number of measures and activities connected with the functioning of the whole judicial system. This book aims at contextualizing the current trends in this respect by addressing the tensions between the independence of the judiciary, its accountability, and effectiveness. The contributors to this volume confront the legal measures accepted in states with stable democratic traditions, and in new democracies in Central and Eastern European states. Current Challenges in Court Administration will be a valuable source of reference for academics and students in constitutional law, as well as for lawmakers. [Subject: Constitutional Law, Public International Law]
Constitutional Courts And Democratic Values
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Author : Víctor Ferreres Comella
language : en
Publisher: Yale University Press
Release Date : 2009-12-01
Constitutional Courts And Democratic Values written by Víctor Ferreres Comella and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-01 with Law categories.
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
The State Of Democracy In Central And Eastern Europe
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Author : Ramona Coman
language : en
Publisher: Routledge
Release Date : 2017-10-02
The State Of Democracy In Central And Eastern Europe written by Ramona Coman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-02 with Political Science categories.
The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.
Democracy In The Courts
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Author : Marijke Malsch
language : en
Publisher:
Release Date : 2009
Democracy In The Courts written by Marijke Malsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Criminal courts categories.
Transnational Networking And Elite Self Empowerment
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Author : Cristina E. Parau
language : en
Publisher: British Academy Monographs
Release Date : 2018
Transnational Networking And Elite Self Empowerment written by Cristina E. Parau and has been published by British Academy Monographs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. Transnational Networks and Elite Self-Empowerment is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries. Taking an inter-disciplinary approach, she builds a strong case through a deep analysis set against and supported by an extensive series of interviews with key political actors. This is a timely reminder of the need to pay attention to our democratic institutions and not to take for granted the foundations on which they are laid.