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 viii
... .......139 A. The Rule of Law as a Fundamental Principle of a Democratic Society .................................................................140 B. Guarantees that are Inherent to the Rule of Law .....................
... .......139 A. The Rule of Law as a Fundamental Principle of a Democratic Society .................................................................140 B. Guarantees that are Inherent to the Rule of Law .....................
Page 8
... democratic principles . The principle of the rule of law is first mentioned in the context of the law of the Union in the Conclusions of the European Council of Copenhagen in 1993 where the candidate countries for EU membership are ...
... democratic principles . The principle of the rule of law is first mentioned in the context of the law of the Union in the Conclusions of the European Council of Copenhagen in 1993 where the candidate countries for EU membership are ...
Page 10
... democratic and social state governed by the rule of law, within the meaning of this Basic Law'). Although in Germany, the claim of homogeneity does not mean the obligation of uniformity of federal and state constitutions. Nevertheless ...
... democratic and social state governed by the rule of law, within the meaning of this Basic Law'). Although in Germany, the claim of homogeneity does not mean the obligation of uniformity of federal and state constitutions. Nevertheless ...
Page 41
... democratic character: they are publicly discussed in the presence of the opposition and decided upon by persons whom we elected, and that is why we are expected to accept them. However, this third meaning of legality is not as ...
... democratic character: they are publicly discussed in the presence of the opposition and decided upon by persons whom we elected, and that is why we are expected to accept them. However, this third meaning of legality is not as ...
Page 42
... democratic legitimacy of its exercise . However , to achieve these goals , legality demands a certain quality of the law . IV . LEGALITY AND THE QUALITY OF LAW In notable agreement with specific constitutional provisions and the ...
... democratic legitimacy of its exercise . However , to achieve these goals , legality demands a certain quality of the law . IV . LEGALITY AND THE QUALITY OF LAW In notable agreement with specific constitutional provisions and the ...
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