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Rule of Law in the EU: 30 Years After the Fall of the Berlin Wall

Rule of Law in the EU: 30 Years After the Fall of the Berlin Wall

Author: Antonina Bakardjieva Engelbrekt; Andreas Moberg; Joakim Nergelius
Publisher: Hart Publishing
ISBN: 9781509954650

Published In: June 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509941599

List Price: RM301.79

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Contents

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This open 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.

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, Örebro 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

Gábor Halmai, European University Institute, Italy

4. Why the Rule of Law Can Never be Part of an 'Illiberal' Democracy

Joakim Nergelius,Örebro 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 Kühn, Charles University, Czechia

6. Legal Reasoning in Central and Eastern Europe from a Historical Perspective

Katalin Kelemen, Örebro 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 María José Martínez Iglesias, European Parliament

15. Can We Expect Compliance with the Rule of Law without the Rule of Law?

Andreas Moberg, University of Gothenburg, Sweden