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This open access book looks into the evolution and current state of the rule of law in the European Union (EU). The thirtieth anniversary of the fall of the Berlin Wall is chosen as a natural moment of stocktaking; assessing the progress made since the beginning of the democratic reforms in Central and Eastern Europe (CEE), but also critically analysing recent tendencies of rule of law backsliding and open revolt against liberal-democratic values in individual EU Member States. The volume is partly retrospective in that it reflects on the challenges of the post-communist transition and the process of Eastward Enlargement of the Union. Yet it is also prospective, in so far as it reviews the variety of novel mechanisms for strengthening rule of law enforcement in the EU and gauges their potential for bringing sustainable, positive change in this regard. All chapters are written by experienced scholars and practitioners in the field of EU law and policy. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
INTRODUCTION 1. Rule of Law in the EU 30 Years After the Fall of the Berlin Wall: Taking Stock and Looking Ahead Antonina Bakardjieva Engelbrekt, Stockholm University, Sweden, Andreas Moberg, University of Gothenburg, Sweden and Joakim Nergelius, OErebro University, Sweden PART ONE THE RULE OF LAW IN THE EUROPEAN UNION: THEORETICAL FOUNDATIONS AND POLITICAL REALITY 2. Rule of Law Problems as Problems of Democracy Leonard Besselink, University of Amsterdam, Netherlands 3. Illiberal Constitutionalism in East-Central Europe Gabor Halmai, European University Institute, Italy 4. Why the Rule of Law Can Never be Part of an 'Illiberal' Democracy Joakim Nergelius,OErebro University, Sweden PART TWO THE RULE OF LAW IN CEE: COMMUNIST LEGACIES AND THE ROAD TO EU ACCESSION 5. Legacies of Socialist Constitutionalism: The Eastern European Judiciary Zdenek Kuhn, Charles University, Czechia 6. Legal Reasoning in Central and Eastern Europe from a Historical Perspective Katalin Kelemen, OErebro University, Sweden 7. The Council of Europe as an Antechamber to the European Union Daniel Tarschys, Stockholm University, Sweden 8. The Role of the Venice Commission in Strengthening the Rule of Law Iain Cameron, Uppsala University, Sweden 9. The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU Antonina Bakardjieva Engelbrekt, Stockholm University, Sweden PART THREE THE RULE OF LAW IN AN ENLARGED EUROPE 10. The Rule of Law in Italy under the Power of Populism, and its Impact on the Future of the EU: What the Pandemic Crisis Can Teach Us: Some Reflections on Populism, Europe, the Rule of Law and Fundamental Rights During the Time of Quarantine in Italy Valentina Colcelli, University of Perugia, Italy 11. The European Rule of Law Standard, the Nordic States, and EU Law Graham Butler, Aarhus University, Denmark PART FOUR ENFORCING THE RULE OF LAW IN THE EU: CURRENT MECHANISMS AND PROSPECTS 12. The Rise of Procedural Rule of Law in the European Union - Historical and Normative Foundations Xavier Groussot, Lund University, Sweden and Anna Zemskova, Lund University, Sweden 13. The European Commission and the EU Rule of Law Policy Anna Perego, European Commission (DG Justice) 14. Respect for the Rule of Law: Some Thoughts on the European Parliament's Perspective Linda Stefani, European Parliament and Maria Jose Martinez Iglesias, European Parliament 15. Can We Expect Compliance with the Rule of Law without the Rule of Law? Andreas Moberg, University of Gothenburg, Sweden
Author(s) | Edited by Antonina Bakardjieva Engelbrekt (Stockholm University, Sweden), Andreas Moberg (University of Gothenburg, Sweden), Joakim Nergelius (University of OErebro, Sweden). |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509941599 |
Format | Hardback |
Pages | 392 |
Published in | United Kingdom |
Published | 2 Dec 2021 |
Availability | Available |
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