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 viii
... Guarantees that are Inherent to the Rule of Law ..........................142 i. The Rule of Law and Judicial ... Guarantees .........................................................147 C. The Principle of Legality Under the ...
... Guarantees that are Inherent to the Rule of Law ..........................142 i. The Rule of Law and Judicial ... Guarantees .........................................................147 C. The Principle of Legality Under the ...
Page xii
... ....279 V. The Responsibility to Guarantee the Rule of Law in the Member States: from Institutional Struggle to Institutional Cooperation? .................................................................282 VI. The Way Forward? ...........
... ....279 V. The Responsibility to Guarantee the Rule of Law in the Member States: from Institutional Struggle to Institutional Cooperation? .................................................................282 VI. The Way Forward? ...........
Page 4
... guarantees the liberty of the individuals . The examples of Hungary and Poland reveal a serious deficit in the Union's architecture : States are intensely checked before their accession to the Union , on the basis of Article 49 TEU , in ...
... guarantees the liberty of the individuals . The examples of Hungary and Poland reveal a serious deficit in the Union's architecture : States are intensely checked before their accession to the Union , on the basis of Article 49 TEU , in ...
Page 25
... guarantees of the ECHR; it is the basis and guid- ing principle for the application and interpretation of the Convention.120 Yet, also the ECtHR has refrained from defining the rule of law. It conceives of the rule of law as a sum of ...
... guarantees of the ECHR; it is the basis and guid- ing principle for the application and interpretation of the Convention.120 Yet, also the ECtHR has refrained from defining the rule of law. It conceives of the rule of law as a sum of ...
Page 26
... guarantees of the rule of law. As far as the implementation and understanding of the principles in a more detailed fashion are concerned, there exist significant dif- ferences among the Member States' constitutions. In view of the ...
... guarantees of the rule of law. As far as the implementation and understanding of the principles in a more detailed fashion are concerned, there exist significant dif- ferences among the Member States' constitutions. In view of 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