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EU Rule of Law Promotion

Author: Marko Kmezic

Publisher: Taylor & Francis

Published: 2016-10-14

Total Pages: 186

ISBN-13: 1317140176

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.

EU Rule of Law Promotion

Author: Marko Kmezic

Publisher: Routledge

Published: 2016-10-14

Total Pages: 200

ISBN-13: 1317140168

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Reinforcing Rule of Law Oversight in the European Union

Author: Carlos Closa

Publisher: Cambridge University Press

Published: 2016-10-13

Total Pages: 357

ISBN-13: 1107108888

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This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Promoting Democracy and the Rule of Law

Author: A. Magen

Publisher: Springer

Published: 2009-07-31

Total Pages: 281

ISBN-13: 0230244521

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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.

A Citizen’s Guide to the Rule of Law

Author: Adis Nicolaidis, Kalypso Merdzanovic

Publisher: BoD – Books on Demand

Published: 2021-04-20

Total Pages: 180

ISBN-13: 3838215419

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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.

Promoting the Rule of Law Abroad

Author: Thomas Carothers

Publisher: Brookings Institution Press

Published: 2010-03-01

Total Pages: 384

ISBN-13: 0870032925

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"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

Networking the Rule of Law

Author: Cristina Dallara

Publisher: Routledge

Published: 2016-04-22

Total Pages: 190

ISBN-13: 1317088891

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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.

The Rule of Law in Europe

Author: María Elósegui

Publisher: Springer Nature

Published: 2021-04-20

Total Pages: 287

ISBN-13: 3030560015

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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.

Defending Checks and Balances in EU Member States

Author: Armin von Bogdandy

Publisher: Springer Nature

Published: 2021-01-05

Total Pages: 478

ISBN-13: 366262317X

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This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Rule of Law Promotion in the European Neighbourhood Policy

Author: Nicole Wichmann

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9783832958459

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This dissertation analyzes the interplay of normative and strategic aspects in the European Neighborhood Policy. The book argues that the EU's Rule of Law promotion policy in four neighboring countries - Moldova, Morocco, Tunisia, and Ukraine - is best explained by combining institutional, ideational, interdependence, and third-country related factors. The study brings abstract concepts from the EU foreign policy literature, such as normative power or composite policy, into the realm of empirical research. In substantive terms, the study investigates the EU's Rule of Law policy-making and the adopted policy outputs in four issue areas: counter-terrorism, counter-narcotics, anti-corruption, and judicial reform. The comparative analysis of the case studies calls into question the common assumption that the EU's institutional features pre-dispose it to act as a normative power in international relations. It is rather shown that third-country-related factors need to feature prominently in future explanatory frameworks. With respect to the debate on the nature of the EU's power, the study concludes that hybrid projections prevail. Dissertation.