Challenges To Eu Values In Hungary

Author : Beáta Bakó
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2023
Category : European Union
ISBN : 1032311177

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Challenges to EU Values in Hungary by Beáta Bakó Pdf

"The national-conservative government of Hungary has been heavily criticised for the violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterized as a dialogue of the deaf as the EU insists on advancing the rule of law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics and policy-makers working in the areas of Constitutional Law and Politics, EU Law, and Populism"--

Author : Beáta Bakó
Publisher : Taylor & Francis
Page : 243 pages
File Size : 42,8 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000814316

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Challenges to EU Values in Hungary by Beáta Bakó Pdf

The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 296 pages
File Size : 49,9 Mb
Release : 2020
Category : Law
ISBN : 1003052851

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Rule of Law, Common Values, and Illiberal Constitutionalism by Tímea Drinóczi,Agnieszka Bień-Kacała Pdf

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.

Author : Nóra Chronowski
Publisher : Unknown
Page : 251 pages
File Size : 45,8 Mb
Release : 2018-05-24
Category : Electronic
ISBN : 9782343137599

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Human Rights in a Multilevel Constitutional Area by Nóra Chronowski Pdf

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
Page : 385 pages
File Size : 52,9 Mb
Release : 2023-06-18
Category : Law
ISBN : 9780198876731

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EU Values Before the Court of Justice by Luke Dimitrios Spieker Pdf

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

Author : Clara Rauchegger,Anna Wallerman
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 47,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509927678

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The Eurosceptic Challenge by Clara Rauchegger,Anna Wallerman Pdf

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States? This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States. Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.

Author : François Foret,Oriane Calligaro
Publisher : Routledge
Page : 190 pages
File Size : 44,7 Mb
Release : 2018-06-14
Category : Political Science
ISBN : 9781351037402

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European Values by François Foret,Oriane Calligaro Pdf

Redefinitions of EU borders (enlargements, Brexit), geopolitical challenges (conflicts, migrations, terrorism, environmental risks) and the economic and financial crises have triggered debates on the common values that hold European countries and citizens together, justify public action and ensure the sustainability of European governance. This book discusses the genesis of and increasing references to "European values", their appropriation by diverse groups of actors and their impact on public action. It argues that European values are a broad and flexible symbolic repertoire, instrumental to serving diverging ends, and a resource for both negotiation and conflicts. Looking at the broader picture, the book reflects on the role of values in the institutionalization of the EU as a political order and paves the way to an assessment of its singularity in comparison with other polities across time and space. This text will be of key interest to scholars, students and practitioners in EU politics, comparative politics, IR, public policy, sociology and cultural studies.

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 55,6 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

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 : Pascal Fontaine
Publisher : Unknown
Page : 106 pages
File Size : 41,5 Mb
Release : 2018
Category : Electronic
ISBN : 9279715623

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Europe in 12 Lessons by Pascal Fontaine Pdf

What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.

Author : Jan Wouters,Michal Ovádek
Publisher : Oxford University Press
Page : 769 pages
File Size : 47,9 Mb
Release : 2021
Category : Law
ISBN : 9780198814177

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The European Union and Human Rights by Jan Wouters,Michal Ovádek Pdf

This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.

Author : Antonina Bakardjieva Engelbrekt,Niklas Bremberg,Anna Michalski,Lars Oxelheim
Publisher : Springer
Page : 248 pages
File Size : 48,9 Mb
Release : 2018-06-13
Category : Political Science
ISBN : 9783319738574

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Trust in the European Union in Challenging Times by Antonina Bakardjieva Engelbrekt,Niklas Bremberg,Anna Michalski,Lars Oxelheim Pdf

This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions – political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems – to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.

Author : Frank Furedi
Publisher : Routledge
Page : 207 pages
File Size : 40,8 Mb
Release : 2017-08-10
Category : Social Science
ISBN : 9781351599498

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Populism and the European Culture Wars by Frank Furedi Pdf

Concern and hostility towards populism has become a distinctive feature of contemporary political culture. In Europe such concerns are frequently directed at Eurosceptics, whose opposition to the European Union is often portrayed as a cultural crime. Ancient anti-democratic claims about the gullibility, ignorance and irrationality of the masses are frequently recycled through the anti-populist condemnation of people who vote the wrong way. This book argues that the current outburst of anti-populist anxiety is symptomatic of a loss of faith in democracy and in the ability of the demos to assume the role of responsible citizens. Distrust of the people and of parliamentary sovereignty is reinforced by the concern that, on its own, liberal democracy lacks the normative foundation to inspire the loyalty and affection of ordinary citizens. Through focusing on the conflict between the European Union’s Commission and the Government of Hungary, this book explores contrasting attitudes towards national sovereignty, popular sovereignty and the question of tradition and the past as the main drivers of the culture war in Europe.

Author : András L. Pap
Publisher : Routledge
Page : 176 pages
File Size : 54,8 Mb
Release : 2017-08-03
Category : Law
ISBN : 9781351684675

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Democratic Decline in Hungary by András L. Pap Pdf

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

Author : Zoltán Szente,Fruzsina Gárdos-Orosz
Publisher : Routledge
Page : 324 pages
File Size : 48,7 Mb
Release : 2018-03-09
Category : Law
ISBN : 9781351674744

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New Challenges to Constitutional Adjudication in Europe by Zoltán Szente,Fruzsina Gárdos-Orosz Pdf

In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Taylor & Francis
Page : 338 pages
File Size : 40,7 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429584671

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.