The Rule Of Law In Europe
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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.
Strengthening The Rule Of Law In Europe
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Author : Werner Schroeder
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
Strengthening The Rule Of Law In Europe written by Werner Schroeder and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
A Citizen S Guide To The Rule Of Law
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Author : Adis Nicolaidis, Kalypso Merdzanovic
language : en
Publisher: BoD – Books on Demand
Release Date : 2021-04-20
A Citizen S Guide To The Rule Of Law written by Adis Nicolaidis, Kalypso Merdzanovic and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
In 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.
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.
Strengthening The Rule Of Law In Europe
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Author : Werner Schroeder
language : en
Publisher:
Release Date : 2016
Strengthening The Rule Of Law In Europe written by Werner Schroeder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Legal certainty categories.
The European Union and the rule of law? state of affairs and ways of strengthening / Werner Schroeder -- Principle of legality and the hierarchy of norms / Franz Merli -- Access to justice and judicial independence : is there a role for the EU? / Attila Badó and János Bóka -- Transparency as part of a European rule of law / Inger Sterdahl -- Legal certainty / Anna Gamper -- The principle of proportionality / Peter M Huber -- The council of Europe and the rule of law / Jorg Polakiewicz and Jenny Sandwig -- The rule of law in the jurisprudence of the European Court of Human Rights / Elisabeth Steiner -- The rule of law in the recent jurisprudence of the ECJ / Thomas von Danwitz -- Reinforcing rule of law oversight in the European Union : key options / Carlos Closa and Dimitry Kochenov -- The EU rule of law framework / Emanuel Crabit and Nicolaas Bel -- Global activities and current initiatives in the Union to strengthen the rule of law? a state of play / Andreas Kumin -- Managing the rule of law in a heterogeneous context : a fundamental rights perspective on ways forward / Gabriel Toggenburg and Jonas Grimheden -- The rule of law in European policy : a parliamentarian's view / Eva Lichtenberger -- The rule of law and constitutionalisation of the European Union / Monica Claes and Mateo Bonelli
State Of Democracy Human Rights And The Rule Of Law In Europe
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2015-07-03
State Of Democracy Human Rights And The Rule Of Law In Europe 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 2015-07-03 with Political Science categories.
Democratic security is an old idea, based on the argument that democracies rarely, if ever, go to war with each other. Democratic practices equally protect states from internal strife. Democratic security is a responsibility which all nations share. This second annual report on the state of democracy, human rights and the rule of law in Europe assesses the capacities of the member states to guarantee and enhance democratic security within their borders and, collectively, across the continent. It measures the extent to which the Council of Europe’s 47 member states are able to make the five pillars of democratic security a reality, namely: an efficient and independent judiciary, freedom of expression, freedom of assembly and association, the functioning of democratic institutions, and inclusive society and democratic citizenship. The report also draws on the Council of Europe’s capacity to monitor and evaluate performance in terms of democracy, human rights and rule of law and to identify remedies for shortcomings and provide assistance in their implementation.
The Eu And The Rule Of Law In International Economic Relations
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Author : Biondi, Andrea
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-22
The Eu And The Rule Of Law In International Economic Relations written by Biondi, Andrea 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 2021-10-22 with Law categories.
This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.
The Rule Of Law In The European Union
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Author : Theodore Konstadinides
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-21
The Rule Of Law In The European Union written by Theodore Konstadinides and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.
This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.
The Politics Of The Rule Of Law In The Eu Polity
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Author : Ramona Coman
language : en
Publisher: Springer Nature
Release Date : 2022-04-23
The Politics Of The Rule Of Law In The Eu Polity written by Ramona Coman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-23 with Political Science categories.
This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
The Concept Of The Rule Of Law And The European Court Of Human Rights
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Author : Geranne Lautenbach
language : en
Publisher: Oxford University Press
Release Date : 2013-11
The Concept Of The Rule Of Law And The European Court Of Human Rights written by Geranne Lautenbach 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 2013-11 with Law categories.
Revision of author's thesis (doctoral)--University of Amsterdam, 2012.