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.
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INTRODUCTION1. Rule of Law in the EU 30 Years After the Fall of the Berlin Wall: Taking Stock and Looking AheadAntonina Bakardjieva Engelbrekt, Stockholm University, Sweden, Andreas Moberg, University ofGothenburg, Sweden and Joakim Nergelius, Örebro University, SwedenPART ONETHE RULE OF LAW IN THE EUROPEAN UNION: THEORETICAL FOUNDATIONS AND POLITICAL REALITY2. Rule of Law Problems as Problems of Democracy Leonard Besselink, University of Amsterdam, Netherlands3. Illiberal Constitutionalism in East-Central Europe Gábor Halmai, European University Institute, Italy4. Why the Rule of Law Can Never be Part of an ‘Illiberal’ Democracy Joakim Nergelius,Örebro University, SwedenPART TWOTHE RULE OF LAW IN CEE: COMMUNIST LEGACIES AND THE ROAD TO EU ACCESSION5. Legacies of Socialist Constitutionalism: The Eastern European Judiciary Zdenek Kühn, Charles University, Czechia6. Legal Reasoning in Central and Eastern Europe from a Historical Perspective Katalin Kelemen, Örebro University, Sweden7. The Council of Europe as an Antechamber to the European Union Daniel Tarschys, Stockholm University, Sweden8. The Role of the Venice Commission in Strengthening the Rule of Law Iain Cameron, Uppsala University, Sweden9. The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU Antonina Bakardjieva Engelbrekt, Stockholm University, SwedenPART THREETHE RULE OF LAW IN AN ENLARGED EUROPE10. 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, Italy11. The European Rule of Law Standard, the Nordic States, and EU Law Graham Butler, Aarhus University, DenmarkPART FOURENFORCING THE RULE OF LAW IN THE EU: CURRENT MECHANISMS AND PROSPECTS12. 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, Sweden13. 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 María José Martínez Iglesias, European Parliament15. Can We Expect Compliance with the Rule of Law without the Rule of Law? Andreas Moberg, University of Gothenburg, Sweden
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This book assesses the key challenges, successes and failures of the EU over the last 30 years to judge its successes and failures.
Timely assessment of the EU project
Thematic volumes devoted to the its development, impact and reform of European law from the Swedish Network for European Legal Studies.This series reflects the variety of issues and dilemmas that European law faces and includes inquiries into specific areas of EU law and policy, as well as overarching questions of EU institutional and constitutional law. The volumes in the series are edited by members of the Network and contain original, analytical contributions by Swedish, Nordic and international scholars, who are experts in the respective thematic field. The contributions are discussed at conferences, workshops and symposia organized and funded by the Network.More information about the Swedish Network for European Legal Studies is available at: www.snef.se
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Produktdetaljer
ISBN
9781509941599
Publisert
2021-12-02
Utgiver
Vendor
Hart Publishing
Vekt
722 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
392
Biographical note
Antonina Bakardjieva Engelbrekt is Professor of European Law at the Faculty of Law, Stockholm University and Chair of the Swedish Network for European Legal Studies, Sweden.
Andreas Moberg is Senior Lecturer at the University of Gothenburg, Sweden.
Joakim Nergelius is Professor of Constitutional Law, University of Örebro, Sweden.