The Rule of Law in Europe

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Publisher : Springer Nature
ISBN 13 : 3030560015
Total Pages : 287 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Rule of Law in Europe by : María Elósegui

Download or read book The Rule of Law in Europe written by María Elósegui and published by Springer Nature. This book was released on 2021-04-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reinforcing Rule of Law Oversight in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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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.

A Citizen’s Guide to the Rule of Law

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3838215419
Total Pages : 180 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Citizen’s Guide to the Rule of Law by : Adis Nicolaidis, Kalypso Merdzanovic

Download or read book A Citizen’s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law in the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509916547
Total Pages : 268 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rule of Law in the European Union by : Theodore Konstadinides

Download or read book The Rule of Law in the European Union written by Theodore Konstadinides and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The EU and the Rule of Law in International Economic Relations

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103353
Total Pages : 368 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The EU and the Rule of Law in International Economic Relations by : Biondi, Andrea

Download or read book The EU and the Rule of Law in International Economic Relations written by Biondi, Andrea and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.

Council of Europe Law

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Publisher : Council of Europe
ISBN 13 : 9287155941
Total Pages : 248 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Council of Europe Law by : Florence Benoît-Rohmer

Download or read book Council of Europe Law written by Florence Benoît-Rohmer and published by Council of Europe. This book was released on 2005-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.

Strengthening the Rule of Law in Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849469490
Total Pages : 320 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Strengthening the Rule of Law in Europe by : Werner Schroeder

Download or read book Strengthening the Rule of Law in Europe written by Werner Schroeder and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Defending Checks and Balances in EU Member States

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Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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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.

The Authority of EU Law

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Publisher : Springer
ISBN 13 : 3662588412
Total Pages : 396 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis The Authority of EU Law by : Wolfgang Heusel

Download or read book The Authority of EU Law written by Wolfgang Heusel and published by Springer. This book was released on 2019-07-16 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

A History of Law in Europe

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Publisher : Cambridge University Press
ISBN 13 : 1107180694
Total Pages : 823 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A History of Law in Europe by : Antonio Padoa-Schioppa

Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

EU Rule of Law Promotion

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317140176
Total Pages : 186 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis EU Rule of Law Promotion by : Marko Kmezic

Download or read book EU Rule of Law Promotion written by Marko Kmezic and published by Taylor & Francis. This book was released on 2016-10-14 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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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.

The Future of Legal Europe: Will We Trust in It?

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Publisher : Springer Nature
ISBN 13 : 3030682536
Total Pages : 875 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Future of Legal Europe: Will We Trust in It? by : Gavin Barrett

Download or read book The Future of Legal Europe: Will We Trust in It? written by Gavin Barrett and published by Springer Nature. This book was released on 2021-05-12 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

The Rule of Laws

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Publisher : Basic Books
ISBN 13 : 1541617959
Total Pages : 546 pages
Book Rating : 4.5/5 (416 download)

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Book Synopsis The Rule of Laws by : Fernanda Pirie

Download or read book The Rule of Laws written by Fernanda Pirie and published by Basic Books. This book was released on 2021-11-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.

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

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509915044
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Impact of European Institutions on the Rule of Law and Democracy by : Matej Avbelj

Download or read book The Impact of European Institutions on the Rule of Law and Democracy written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Brussels Effect

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Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

The Rule of Law in Central Europe

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Author :
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Rule of Law in Central Europe by : Jiří Přibáň

Download or read book The Rule of Law in Central Europe written by Jiří Přibáň and published by Ashgate Publishing. This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young.