Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms of Implementation
Bloomsbury Publishing, Dec 15, 2016 - Law - 320 pages
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.
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access to documents administration application Article Article 2 TEU Bogdandy BVerfGE Charter of Fundamental Commission’s Community compliance concept concerned Constitutional Court constitutionalisation context cooperation Copenhagen Commission Council of Europe Court of Human Court of Justice debate decisions democracy democratic developed ECHR ECtHR effective elements enforcement ensure established EU law EU’s European Commission European Court European Law European Parliament European Union existing freedom fundamental rights Fundamental Rights Agency guarantees here–here human rights Hungarian Hungary ibid independent and impartial individual infringement procedure institutions interpretation issues judges judicial independence judiciary jurisprudence Kochenov legal certainty legal order legislation mechanisms Member monitoring norms organisations Oxford paras particular political principle of conferral principle of proportionality protection public authorities reference regard Report requirements right of access role rule of law safeguards sanctions situation strengthen the rule TFEU transparency Treaty Union law United Kingdom Venice Commission violations