Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms of ImplementationWerner Schroeder 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. |
Contents
Principle of Legality and the Hierarchy of Norms | |
Is There | |
Assignment and Transfer of Cases Secondment | |
Feasibility and Possibility of EU Activities Concerning | |
Council of Europe and European Union | |
Law Venice Commission | |
The Rule of Law in the Jurisprudence of the European | |
The Rule of Law in the Case Law of the European Court | |
The Rule of Law in the Recent Jurisprudence of the | |
Reinforcement of the Rule of Law Oversight in | |
The Legal Basis for Reinforced EU Oversight | |
The EU Rule of Law Framework | |
Transparency as Part of a European Rule of | |
Access to Documents According to the European Court | |
und Schaffung Eines Wirtschaftlich Gesunden Land | |
Legal Certainty | |
The Principle of Proportionality | |
Acknowledgement in the Jurisprudence | |
Difficulty | |
Global Activities and Current Initiatives in the Union | |
Institutional Implications of Implementing | |
Institutional Considerations behind the Rule of Law | |
Principal EU Organs | |
A Parliamentarians | |
The Rule of Law and the Constitutionalisation of | |
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Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms ... Werner Schroeder No preview available - 2016 |
Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms ... Werner Schroeder No preview available - 2016 |
Common terms and phrases
access to documents administration application Article Article 2 TEU Bogdandy BVerfGE Charter of Fundamental Commission’s Community compliance concept concerned Constitutional Court constitutionalisation context Convention cooperation 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 Europäischen 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 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