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Author: Cristina Dallara
Publisher: Springer
ISBN: 3319044206
Category : Political Science
Languages : en
Pages : 150
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Book Description
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.
Author: Cristina Dallara
Publisher: Springer
ISBN: 3319044206
Category : Political Science
Languages : en
Pages : 150
Get Book Here
Book Description
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.
Author: Marko Kmezic
Publisher: Taylor & Francis
ISBN: 1317140176
Category : Law
Languages : en
Pages : 201
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Book Description
Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
Author: Anja Seibert-Fohr
Publisher: Springer Science & Business Media
ISBN: 3642282997
Category : Law
Languages : en
Pages : 1367
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Book Description
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Author: Mitchel de S.-O.-L'E. Lasser
Publisher:
ISBN: 0198868855
Category : Law
Languages : en
Pages : 481
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Book Description
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.
Author: Gabriel Paquette
Publisher: Routledge
ISBN: 131714287X
Category : History
Languages : en
Pages : 422
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Book Description
Efforts to ascertain the influence of enlightenment thought on state action, especially government reform, in the long eighteenth century have long provoked stimulating scholarly quarrels. Generations of historians have grappled with the elusive intersections of enlightenment and absolutism, of political ideas and government policy. In order to complement, expand and rejuvenate the debate which has so far concentrated largely on Northern, Central and Eastern Europe, this volume brings together historians of Southern Europe (broadly defined) and its ultramarine empires. Each chapter has been explicitly commissioned to engage with a common set of historiographical issues in order to reappraise specific aspects of 'enlightened absolutism' and 'enlightened reform' as paradigms for the study of Southern Europe and its Atlantic empires. In so doing it engages creatively with pressing issues in the current historical literature and suggests new directions for future research. No single historian, working alone, could write a history that did justice to the complex issues involved in studying the connection between enlightenment ideas and policy-making in Spanish America, Brazil, France, Italy, Portugal and Spain. For this reason, this well-conceived, balanced volume, drawing on the expertise of a small, carefully-chosen cohort, offers an exciting investigation of this historical debate.
Author: World Bank Group
Publisher: World Bank Publications
ISBN: 1464809518
Category : Business & Economics
Languages : en
Pages : 605
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Book Description
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Author: Ed Cape
Publisher: Intersentia NV
ISBN:
Category : Law
Languages : en
Pages : 696
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Book Description
Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Author: Harry G. Broadman
Publisher: World Bank Publications
ISBN: 9780821357767
Category : Balkan Peninsula
Languages : en
Pages : 414
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Book Description
Author: Jo Harper
Publisher: Central European University Press
ISBN: 9633863961
Category : Political Science
Languages : en
Pages : 220
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Book Description
Written by a Brit who has lived in Poland for more than twenty years, this book challenges some accepted thinking in the West about Poland and about the rise of Law and Justice (PiS) as the ruling party in 2015. It is a remarkable account of the Polish post-1989 transition and contemporary politics, combining personal views and experience with careful fact and material collections. The result is a vivid description of the events and scrupulous explanations of the political processes, and all this with an interesting twist – a perspective of a foreigner and insider at the same time. Settled in the position of participant observer, Jo Harper combines the methods of macro and micro analysis with CDA, critical discourse analysis. He presents and interprets the constituent elements and issues of contemporary Poland: the main political forces, the Church, the media, issues of gender, the Russian connection, the much-disputed judicial reform and many others. A special feature of the book is the detailed examination of the coverage of the Poland’s latest two elections, one in 2019 (parliamentary) and the other in 2020 (presidential) in the British media, an insightful and witty specimen of comparative cultural and political analysis.
Author: Florian Bieber
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783034326810
Category : Authoritarianism
Languages : en
Pages : 0
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Book Description
Even though the democratic decline has been deemed a global phenomenon, the question of how it manifests itself in the postcommunist world and how it varies across different regions with divergent levels of democratic consolidation has not been sufficiently addressed yet. This book tries to fill the gap and examines the causes and nature of the deteriorating quality of democracy in Central Europe as well as the reversal or stagnation of democratization processes in Southeastern and Eastern Europe. The political elite plays a key role in initiating legislative changes that may lead to democratic backsliding. Its constant commitment to the rule of law and to the practice of selfrestraint in securing the independence of judiciary and the rights of political opposition appears hence indispensable for sustainable liberal democracy.
