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Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 1402038429
Category : Law
Languages : en
Pages : 390
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Book Description
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 1402038429
Category : Law
Languages : en
Pages : 390
Get Book
Book Description
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author: Flora A.N.J. Goudappel
Publisher: Springer
ISBN: 9462650667
Category : Law
Languages : en
Pages : 232
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Book Description
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: A. Magen
Publisher: Springer
ISBN: 0230244521
Category : Political Science
Languages : en
Pages : 281
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Book Description
European and American experts systematically compare U.S. and EU strategies to promote democracy around the world – from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.
Author: Francesca Bignami
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611
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Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287151384
Category : Political Science
Languages : en
Pages : 108
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Book Description
This publication contains the reports presented at the UniDem Seminar in Skopje. Foreign policy unquestionably serves the national interest in the broadest sense but nowadays it is no longer left entirely to discretion of governments. The legal foundation of foreign policy are made up both of rules of international law and rules of domestic law, whilst remaining an under-regulated area of democracy and of the law. The seminar in Skopje was an initiative which permitted an exchange of views on this subject between representatives of different countries.
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1509915044
Category : Law
Languages : en
Pages : 320
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Book Description
Since 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.
Author: María Elósegui
Publisher: Springer Nature
ISBN: 3030560015
Category : Law
Languages : en
Pages : 287
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Book Description
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.
Author: Federico Mancini
Publisher: Hart Publishing
ISBN: 1841131148
Category : Law
Languages : en
Pages : 296
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Book Description
This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, was first an Advocate General and then a Judge of the Court of Justice of the European Community and who carried an unfaltering belief in the promises and advantages of a federal Europe.
Author: Sacha Garben
Publisher: Bloomsbury Publishing
ISBN: 1509933271
Category : Law
Languages : en
Pages : 368
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Book Description
This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.
