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. |
From inside the book
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Page 15
... application of Union law, that is, the relationships between the institutions, the Member States as well as the Union citizens, and vice versa. This emanatory effect is particularly familiar to scholars of German constitutional law ...
... application of Union law, that is, the relationships between the institutions, the Member States as well as the Union citizens, and vice versa. This emanatory effect is particularly familiar to scholars of German constitutional law ...
Page 16
... application of this principle are the Union citizenship where the Member States (as well as the Union) must recognise the grant of citi- zenship by another Member State73 or legal acts in the Area of Freedom, Security and Justice (AFSJ) ...
... application of this principle are the Union citizenship where the Member States (as well as the Union) must recognise the grant of citi- zenship by another Member State73 or legal acts in the Area of Freedom, Security and Justice (AFSJ) ...
Page 17
... application pursuant to the Regulation (EC) Number 343/2003 (the so- called Dublin II Regulation) to suspend their legal cooperation with other Mem- ber States which massively violated rule of law minimum standards.76 The fiction of the ...
... application pursuant to the Regulation (EC) Number 343/2003 (the so- called Dublin II Regulation) to suspend their legal cooperation with other Mem- ber States which massively violated rule of law minimum standards.76 The fiction of the ...
Page 18
... application of Union law. There seems to exist a systematic discrepancy between Article 2 TEU which refers to a general duty of the Member States of 'respect for human rights' and the more specific obligation of Article 51 paragraph 2 ...
... application of Union law. There seems to exist a systematic discrepancy between Article 2 TEU which refers to a general duty of the Member States of 'respect for human rights' and the more specific obligation of Article 51 paragraph 2 ...
Page 22
... application and interpretation of legal norms is secured by virtue of binding the legislator to the constitution and particularly to the fundamental rights and other material con- stitutional principles such as fairness , equality and ...
... application and interpretation of legal norms is secured by virtue of binding the legislator to the constitution and particularly to the fundamental rights and other material con- stitutional principles such as fairness , equality and ...
Contents
| 35 | |
Council of Europe and EuropeanUnionDifferent Concepts ofthe Rule of Law? | 113 |
Mechanisms of Implementingthe Rule of Law in Europe | 171 |
Institutional Implications of Implementing the Rule of Law in Europe | 241 |
Index | 291 |
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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 Al Barakaat application Article Article 2 TEU Bogdandy BVerfGE Charter of Fundamental CML Rev Community compliance concept concerned Constitutional Court constitutionalisation context Convention cooperation Council of Europe 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 human rights Hungarian Hungary ibid individual infringement procedure institutions interpretation issues judges judicial independence judiciary jurisprudence Kochenov legal certainty legal order legislation mechanisms Member ment monitoring organisations Oxford paras particular political principle of conferral principle of proportionality protection public authorities referred regard Report requirements right of access role rule of law safeguards sanctions situation strengthen the Rule TFEU tion transparency Treaty Union law United Kingdom Venice Commission violations