Eu Rule Of Law Promotion

Author : Marko Kmezic
Publisher : Taylor & Francis
Page : 186 pages
File Size : 42,9 Mb
Release : 2016-10-14
Category : Law
ISBN : 9781317140177

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EU Rule of Law Promotion by Marko Kmezic Pdf

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.

Author : A. Magen,T. Risse,M. McFaul
Publisher : Springer
Page : 281 pages
File Size : 40,8 Mb
Release : 2009-07-31
Category : Political Science
ISBN : 9780230244528

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Promoting Democracy and the Rule of Law by A. Magen,T. Risse,M. McFaul Pdf

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.

Author : Cristina Dallara,Daniela Piana
Publisher : Routledge
Page : 196 pages
File Size : 41,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317088905

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Networking the Rule of Law by Cristina Dallara,Daniela Piana Pdf

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 55,9 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
Page : 180 pages
File Size : 53,9 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783838215419

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

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 : Carmela Pérez-Bernárdez,Luis M. Hinojosa-martín
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 44,5 Mb
Release : 2023-07-28
Category : Electronic
ISBN : 103531231X

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Enhancing the Rule of Law in the European Union's External Action by Carmela Pérez-Bernárdez,Luis M. Hinojosa-martín Pdf

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.

Author : Wolfgang Heusel,Jean-Philippe Rageade
Publisher : Springer
Page : 396 pages
File Size : 54,6 Mb
Release : 2019-07-16
Category : Law
ISBN : 9783662588413

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The Authority of EU Law by Wolfgang Heusel,Jean-Philippe Rageade Pdf

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.

Author : María Elósegui,Alina Miron,Iulia Motoc
Publisher : Springer Nature
Page : 287 pages
File Size : 47,6 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783030560010

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The Rule of Law in Europe by María Elósegui,Alina Miron,Iulia Motoc Pdf

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.

Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 55,9 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543936

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez Pdf

With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.

Author : Dr Cristina Dallara,Dr Daniela Piana
Publisher : Ashgate
Page : 176 pages
File Size : 44,7 Mb
Release : 2015-12-28
Category : Law
ISBN : 9781409472568

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Networking the Rule of Law by Dr Cristina Dallara,Dr Daniela Piana Pdf

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Author : Teresa Russo,Anna Oriolo,Gaspare Dalia
Publisher : Springer Nature
Page : 308 pages
File Size : 44,9 Mb
Release : 2023-07-12
Category : Law
ISBN : 9783031292279

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Solidarity and Rule of Law by Teresa Russo,Anna Oriolo,Gaspare Dalia Pdf

This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.

Author : Thomas Carothers
Publisher : Brookings Institution Press
Page : 384 pages
File Size : 44,9 Mb
Release : 2010-03-01
Category : Law
ISBN : 9780870032929

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Promoting the Rule of Law Abroad by Thomas Carothers Pdf

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 50,5 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 : Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher : Springer Science & Business Media
Page : 385 pages
File Size : 55,8 Mb
Release : 2006-07-30
Category : Law
ISBN : 9781402038426

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Spreading Democracy and the Rule of Law? by Wojciech Sadurski,Adam Czarnota,Martin Krygier Pdf

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?

Author : Nicole Wichmann
Publisher : Unknown
Page : 243 pages
File Size : 54,6 Mb
Release : 2010
Category : Africa, North
ISBN : 3845227338

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Rule of Law Promotion in the European Neighbourhood Policy by Nicole Wichmann Pdf