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Legal Dispute Over The Judiciary In Poland
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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Bogumił Szmulik Publisher :Wydawnictwo Instytutu Wymiaru Sprawiedliwości ISBN 13 :8366344517 Total Pages :210 pages Book Rating :4.3/5 (663 download)
Book Synopsis Legal dispute over the judiciary in Poland by : Bogumił Szmulik
Download or read book Legal dispute over the judiciary in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski
Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by . This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Book Synopsis Disciplining Judges by : Richard Devlin
Download or read book Disciplining Judges written by Richard Devlin and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Book Synopsis Perceptions of the Independence of Judges in Europe by : Frans van Dijk
Download or read book Perceptions of the Independence of Judges in Europe written by Frans van Dijk and published by Springer Nature. This book was released on 2020-12-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Book Synopsis Białystok Law Books 11 by : Lech Jamróz
Download or read book Białystok Law Books 11 written by Lech Jamróz and published by Wydawnictwo Temida 2. This book was released on 2014 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Principles of Law - The Role of the Judiciary by : Laura Pineschi
Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Book Synopsis Human Rights in a Time of Populism by : Gerald L. Neuman
Download or read book Human Rights in a Time of Populism written by Gerald L. Neuman and published by Cambridge University Press. This book was released on 2020-04-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
Book Synopsis European Populism and Human Rights by : Jure Vidmar
Download or read book European Populism and Human Rights written by Jure Vidmar and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A definition of Europe can be geographic, historic, political and/ or legal. This book understands Europe as Member States of the Council of Europe and thus states party to the European Convention of Human Rights (echr, the Convention). Unlike the European Union (EU), the Council of Europe was explicitly created with the aim of human rights protection.1 At present, it has forty- seven Member States which are ipso facto party to the echr"--
Book Synopsis Rule of Law, Common Values, and Illiberal Constitutionalism by : Tímea Drinóczi
Download or read book Rule of Law, Common Values, and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Author :Bogumił Szmulik Publisher :Wydawnictwo Instytutu Wymiaru Sprawiedliwości ISBN 13 :8366344509 Total Pages :280 pages Book Rating :4.3/5 (663 download)
Book Synopsis Legal dispute over the Constitutional Court in Poland by : Bogumił Szmulik
Download or read book Legal dispute over the Constitutional Court in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, which competes on a par with the authority of the parliament and government in search of a golden mean of political balance. As a consequence, constitutional courts have slowly, but very consistently, forged their position by stepping into the shoes of a power that is as a matter of fact a political and active one. This, apart from prestige and recognition for constitutional courts, has also created the threat that, like with all the other active branches of power, they would become a participant in disputes and polemics, and could enter into a classic power conflict…. Political disputes over the Constitutional Court cannot be eliminated altogether. The Court, by its very nature, may betray political engagement, or at least its judicial decisions will have a political effect, which means that it will be engaged in the political optics of rivalry between the separated branches of power. The constitutional drafters, acting rationally, should therefore exercise due care to eliminate possible tensions. Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION
Book Synopsis EU Procedural Law by : Koen Lenaerts
Download or read book EU Procedural Law written by Koen Lenaerts and published by OUP Oxford. This book was released on 2014-03-20 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
Book Synopsis Books Are Weapons by : Siobahn Doucette
Download or read book Books Are Weapons written by Siobahn Doucette and published by University of Pittsburgh Press. This book was released on 2018-03-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much attention has been given to the role of intellectual dissidents, labor, and religion in the historic overthrow of communism in Poland during the 1980s. Books Are Weapons presents the first English-language study of that which connected them—the press. Siobhan Doucette provides a comprehensive examination of the Polish opposition’s independent, often underground, press and its crucial role in the events leading to the historic Round Table and popular elections of 1989. While other studies have emphasized the role that the Solidarity movement played in bringing about civil society in 1980-1981, Doucette instead argues that the independent press was the essential binding element in the establishment of a true civil society during the mid- to late 1980s. Based on a thorough investigation of underground publications and interviews with important activists of the period from 1976 to 1989, Doucette shows how the independent press, rooted in the long Polish tradition of well-organized resistance to foreign occupation, reshaped this tradition to embrace nonviolent civil resistance while creating a network that evolved from a small group of dissidents into a broad opposition movement with cross-national ties and millions of sympathizers. It was the galvanizing force in the resistance to communism and the rebuilding of Poland’s democratic society.
