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 ix
... ...............187 ii. Judicial versus Political Procedures .....................................188 iii. Ex ante versus Ex post Procedures ......................................188 iv. Avoiding Semblance of Change .......
... ...............187 ii. Judicial versus Political Procedures .....................................188 iii. Ex ante versus Ex post Procedures ......................................188 iv. Avoiding Semblance of Change .......
Page 3
... political situation in some Member States has made manifest that these values are partly jeopardised to a ... Politics in Hungary and Romania (Oxford, Hart Publishing, 2015) 112. 2 It did not stop with the government's attempt to ...
... political situation in some Member States has made manifest that these values are partly jeopardised to a ... Politics in Hungary and Romania (Oxford, Hart Publishing, 2015) 112. 2 It did not stop with the government's attempt to ...
Page 8
... political integration of involved states as a functionalistic result , see J Monnet , Mémoires ( Paris , Fayard , 1976 ) 353 ; E Haas , The Uniting of Europe : Political , Social , and Economic forces 1950–1957 ( Stanford , Stanford ...
... political integration of involved states as a functionalistic result , see J Monnet , Mémoires ( Paris , Fayard , 1976 ) 353 ; E Haas , The Uniting of Europe : Political , Social , and Economic forces 1950–1957 ( Stanford , Stanford ...
Page 11
... political identity with a political form as well as to preserve it.41 The idea that Article 2 TEU orders and supervises a federal state - type constitutional homogene- ity in the relationship between the Union and the Member States and ...
... political identity with a political form as well as to preserve it.41 The idea that Article 2 TEU orders and supervises a federal state - type constitutional homogene- ity in the relationship between the Union and the Member States and ...
Page 14
... political or ethical level. In terms of legal doctrine, this creates problems. It notably gives rise to the question of how the values which are laid down in the Union's constitution are interpreted and applied. Are they subject to ...
... political or ethical level. In terms of legal doctrine, this creates problems. It notably gives rise to the question of how the values which are laid down in the Union's constitution are interpreted and applied. Are they subject to ...
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