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The Impact of European Institutions on the Rule of Law and Democracy

Author: Matej Avbelj

Publisher: Bloomsbury Publishing

Published: 2020-04-30

Total Pages: 320

ISBN-13: 1509915044

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.

The Impact of European Institutions on the Rule of Law and Democracy

Author: Matej Avbelj

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781509915071

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Constitutional Backsliding in Central and Eastern Europe in Lieu of Back to Europe -- The Genesis of Slovenian Constitutional Democracy -- Historical Reasons for Failures of the Rule of Law and Constitutional Democracy in Slovenia -- The (Non) Reforms of Slovenia's Economy -- The Current Crises of Human Rights Protection, the Rule of Law and Democracy in Slovenia -- The Judiciary and the Rule of Law in Slovenia -- The Vicious Circle of Slovenian Democracy -- Freedom of Press under Stress in Slovenia -- Welfare State and Solidarity in Slovenia -- The Influence of the Council of Europe on the Rule of Law in Slovenia -- The Impact of the European Union on Constitutional Democracy in Slovenia -- The Case for a Resilient Constitutional Democracy.

Spreading Democracy and the Rule of Law?

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

Published: 2006-07-30

Total Pages: 385

ISBN-13: 1402038429

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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?

Democracy and Rule of Law in the European Union

Author: Flora A.N.J. Goudappel

Publisher: Springer

Published: 2015-12-30

Total Pages: 232

ISBN-13: 9462650667

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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.

The Rule of Law in the EU

Author: Luisa Antoniolli

Publisher: Springer

Published: 2024-05-25

Total Pages: 0

ISBN-13: 9783031553219

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This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.

Rule of Law, Common Values, and Illiberal Constitutionalism

Author: Tímea Drinóczi

Publisher: Routledge

Published: 2020-09-08

Total Pages: 166

ISBN-13: 1000172430

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This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

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.

The Impact of Populism on European Institutions and Civil Society

Author: Carlo Ruzza

Publisher: Springer Nature

Published: 2021-07-30

Total Pages: 286

ISBN-13: 3030734110

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What is the impact of populism on the EU? How did the EU institutions and civil society react to the recent rise of populist parties? To answer such relevant questions and understand populism in terms of ideas, political outcomes, and social dynamics, academia needs to engage with institutional actors, civil society organizations, and policy makers. By bringing together academics, members of European institutions and agencies, and leaders of civil society organizations, this edited volume bridges the gap between research and practice. It explores how populism impacted on European institutions and civil society and investigates their reactions and strategies to overcome the challenges posed by populists. This collection is organized into three main sections, i.e., general European governance; European Parliament and Commission; European organized civil society. Overall, the volume unveils how the populist threat was perceived within the EU institutions and NGOs and discusses the strategies they devised to react and how these were implemented in institutional and public communication.

EU Law in Populist Times

Author: Francesca Bignami

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 611

ISBN-13: 1108485081

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A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Critical Reflections on Constitutional Democracy in the European Union

Author: Sacha Garben

Publisher: Bloomsbury Publishing

Published: 2019-11-14

Total Pages: 368

ISBN-13: 1509933271

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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.