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Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2016-10-13
Total Pages: 357
ISBN-13: 1107108888
DOWNLOAD EBOOK →This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Werner Schroeder
Publisher: Bloomsbury Publishing
Published: 2016-12-15
Total Pages: 320
ISBN-13: 1849469490
DOWNLOAD EBOOK →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.
Author: Armin von Bogdandy
Publisher: Springer Nature
Published: 2021-01-05
Total Pages: 478
ISBN-13: 366262317X
DOWNLOAD EBOOK →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.
Author: Werner Schroeder
Publisher:
Published: 2016
Total Pages:
ISBN-13: 9781474202534
DOWNLOAD EBOOK →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
Author: Adis Merdzanovic
Publisher:
Published: 2021
Total Pages: 0
ISBN-13: 9783838275413
DOWNLOAD EBOOK →"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"--
Author: Luis M. Hinojosa-Martínez
Publisher: Edward Elgar Publishing
Published: 2023-07-01
Total Pages: 373
ISBN-13: 1035312328
DOWNLOAD EBOOK →This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2016-10-13
Total Pages: 357
ISBN-13: 1316790746
DOWNLOAD EBOOK →This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
Published: 2012-11-28
Total Pages: 296
ISBN-13: 0870032666
DOWNLOAD EBOOK →In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
Published: 2020-01-23
Total Pages: 561
ISBN-13: 1108476961
DOWNLOAD EBOOK →Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author: Carmela Pérez-Bernárdez
Publisher: Edward Elgar Publishing
Published: 2023-07-28
Total Pages: 0
ISBN-13: 9781035312313
DOWNLOAD EBOOK →This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively. Using EU legislation and case law, the book identifies the essential elements of the rule of law, and distinguishes the general limits it places on the behaviour of public authorities. Focusing on EU sanctions, trade policy and relations with neighbouring and membership candidate countries, it argues that the EU's promotion of the rule of law internally and externally has strengthened considerably over time. Nevertheless, given the degradation of the rule of law on the international scene, contributors call for an overhaul of EU rule of law policy to uphold the EU's ethical commitments and strengthen its international standing. This book will be an important read for scholars and students of European law, trade law and international relations. Presenting detailed analyses of EU policy and case law, it will also be highly useful for practitioners and policy-makers seeking to promote human rights and democracy.
