The Rule of Law Under Threat: Eroding Institutions and European Remedies(Elgar Studies in European Law and Policy)

Name: The Rule of Law Under Threat: Eroding Institutions and European Remedies(Elgar Studies in European Law and Policy)
Brand: Edward Elgar Publishing Ltd
SKU: 1035330687
Price: 454 AED
Availability: InStock
ISBN: 9781035330683

(Hardback) | Released: 07 Jun 2024

By: Hermann-Josef Blanke (Edited) , Robert Bottner (Edited) | Publisher: Edward Elgar Publishing Ltd | Publisher Imprint: Edward Elgar Publishing Ltd

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The Rule of Law Under Threat: Eroding Institutions and European Remedies(Elgar Studies in European Law and Policy)
Eroding Institutions and European Remedies(Elgar Studies in European Law and Policy)
Format: Hardback

About the Book

Providing perspectives from different fields of study such as public policy and politics as well as legal analysis, this book highlights the rule of law as a fundamental value of the European Union, and examines how this is implemented throughout the Member States.

The Rule of Law Under Threat explores empirical evidence and quantitative methods for studying the dynamics of this imperative legal principle in interdisciplinary research. Internationally renowned experts consider the rule of law in the context of previous and future accessions to the EU in Eastern and South-Eastern Europe, with particular focus on Hungary as one of the most recent and notorious cases of rule of law deficits in the EU. Finally, the book analyses the legal and political toolbox that the EU has at its disposal to counter the erosion of rule of law standards, including the Article 7 procedure, as well as strategies which recognise specific national discourses on and perceptions of the rule of law.

Students and scholars in constitutional and administrative law, European law, law and politics, and legal history will benefit from this book’s multidisciplinary approach to the rule of law. It is also an essential resource for practitioners and decision-makers in EU nations as well as candidate countries.

Table of Contents:
Contents Preface ix 1 The Rule of Law as a Fundamental Value of the Council of Europe, the European Union and in the Constitutional Traditions Common on the Member States 1 Juha Raitio 2 Measuring the Rule of Law: an Empirical Approach 13 Jacek Lewkowicz, Rafał Woźniak and Przemysław Litwiniuk 3 Post-accession experience regarding the rule of law 31 Herbert Küpper 4 The Fall of the Rule of Law and Democracy in Hungary and the Complicity of the EU 51 Gábor Halmai 5 Consequences of the Rule of Law Debates for the Accession Process of the States of the Western Balkan 73 Pavel Usvatov and Mahir Muharemovic 6 Are Judges Politicians in Robes? Comparative Aspects of the Recruitment and Election of Judges 94 Piotr Mikuli, Natalie Fox and Radosław Puchta 7 Rule of Law (Crisis) and the Principle of Mutual Trust 125 Konstantina-Antigoni Poulou 8 Questioning the Primacy of Union Law by National Constitutional Courts 146 Udo Bux 9 Political Strategies to Overcome the Rule of Law Crisis Taking into Account National Political Discourses – The Case of East Central European EU Member States 165 Astrid Lorenz, Jan Němec, Dietmar Müller, Madeleine Hartmann and Dorottya V’g 10 The Rule of Law in the European Union and the Toolbox to Defend it: Article 7 TEU, Rule of Law Report and Dialogue, Budgetary Conditionality 186 Jonathan Bauerschmidt 11 Article 7 TEU as ‘Nuclear Option’? An Analysis of its Potential and its Shortcomings 208 Robert Böttner and Nic Schröder 12 Financial Sanctions as a Remedy to Enforce the Rule of Law in Poland and Hungary 228 Malte Symann

About the Author :
Edited by Robert Böttner, Assistant Professor of Public Law, Faculty for Law, Economics and Social Sciences, University of Erfurt and the late Hermann-Josef Blanke, formerly Professor of Public Law, Public International Law and European Integration, Faculty for Law, Economics and Social Sciences, University of Erfurt, Germany

Review :
‘The book has many merits to recommend it to a broad public law and political science readership. Methodologically, the book fuses a variety of approaches by academic lawyers and political scientists, including younger and more established scholars.’ ‘The editors have managed to gather highly interesting contributions that cover various aspects of the current challenges to the rule of law within the European Union and shed light on the most pressing issues. All contributors to the volume show a high degree of awareness of the different approaches to the rule of law, especially with a view to the “new” Member States, the developments of which are central to most of the book’s chapters. [...] The volume and its contributions are of great interest especially to legal scholars in the fields of European Union law and constitutional law as well as for political scientists, but may also serve as a reminder and companion for political decision makers.’ ‘This is a very current and well-organised volume providing a systematic analysis of the rule of law in the EU by several excellent continental scholars. The book, which is one of the few interdisciplinary studies on the EU rule of law, provides a balanced and informative account blending rich conceptual and empirical insights from recent case studies. The role of institutions, especially courts, and commonly shared principles such as mutual trust and homogeneity feature prominently in this book as well as narratives on challenges to the rule of law. Overall this is an important addition to the discourse on the rule of law in Europe as a contested concept.’