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. |
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Page v
... of Legal Decisions of the Member States ..............................................16 iv. Respect for the Rule of Law in the Context of the Exercise of the Public Authority of the Union ........................18 IV.
... of Legal Decisions of the Member States ..............................................16 iv. Respect for the Rule of Law in the Context of the Exercise of the Public Authority of the Union ........................18 IV.
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... decisions such as the assertion of primacy and the direct effect of Community law25 ultimately led to an ever stronger juridification of the process of integration and resulted in the ' transformation'26 of Europe from an economic ...
... decisions such as the assertion of primacy and the direct effect of Community law25 ultimately led to an ever stronger juridification of the process of integration and resulted in the ' transformation'26 of Europe from an economic ...
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... Decision of 17 August 1993—1 BvR 1474/92 (Maastricht), 182; also BVerfGE 123, 267, BVerfG, Judgment of 30 June 2009—2 BvE 2/08 (Lissabon), 370. 37 BVerfGE 37, 271, BVerfG, Decision of 29 May 1974—2 BvL 52/71 (Solange I), pp 280, 285 ...
... Decision of 17 August 1993—1 BvR 1474/92 (Maastricht), 182; also BVerfGE 123, 267, BVerfG, Judgment of 30 June 2009—2 BvE 2/08 (Lissabon), 370. 37 BVerfGE 37, 271, BVerfG, Decision of 29 May 1974—2 BvL 52/71 (Solange I), pp 280, 285 ...
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... decision - making situations to ethically ' right ' conduct . They articulate gen- eral considerations on the basis of which one state of affairs is declared preferable in relation to another state of affairs.47 As moral strategies they ...
... decision - making situations to ethically ' right ' conduct . They articulate gen- eral considerations on the basis of which one state of affairs is declared preferable in relation to another state of affairs.47 As moral strategies they ...
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... decision as legally relevant and make use of these in order to structure the legal order. Thus, the ECJ has, for instance, derived the principle of legal certainty from the principle of the rule of law.52 In such a case, principle can ...
... decision as legally relevant and make use of these in order to structure the legal order. Thus, the ECJ has, for instance, derived the principle of legal certainty from the principle of the rule of law.52 In such a case, principle can ...
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