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The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

Name: The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond
Brand: Hart Publishing
SKU: 9781509915057
Price: 1197.95 HKD
Availability: InStock
Author: Matej Avbelj; Jernej Letnar Cernic
ISBN: 9781509915057

Edited by Matej Avbelj · Jernej Letnar Cernic

Hart Publishing April 2020

Specifications

ISBN-13: 9781509915057
Publisher: Hart Publishing
Publication: April 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Since 2010 the European Union has been plagued by the crises of the rule of law and democracy, which has been spreading from Central and Eastern Europe and has caught many by surprise. Unjustly so. This book argues that the professed success of the 2004 big bang enlargement was in many respects mirroring only the Potemkin village erected in the new member states on their way back to Europe. The spearheading country of the Potemkin village has been Slovenia. Since its independence and throughout the accession process, Slovenia was portrayed as the best disciple and as a poster-child of the New Europe.

This book claims that the widely shared narrative of the Slovenian EU dream has, unfortunately, been just a myth. In many ways, Slovenia fares even worse than its contemporary constitutionally-backsliding CEE counterparts. The understanding of the depth and breadth of the rule of law and democracy crises in Slovenia, the authors of this book hope, will also contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE member states, which threaten the viability of the EU and the Council of Europe projects as such. It is only on the basis of such better understanding that the causes of the crises could be more accurately identified and, consequently, also more appropriately addressed on the national, transnational and supranational level.

1. Constitutional Backsliding in Central and Eastern Europe in Lieu of Back to Europe

I. Introduction

II. The Argument of this Book

III. Acknowledgments

2. The Genesis of Slovenian Constitutional Democracy

I. A People that Came from Nowhere

II. The Road to Independence and Construction of a New Constitutional Legal Order

III. Slovenia as a Constitutional Democracy

IV. The Sociology of Slovenian Constitutional Order

V. A Semi-Permanent Transition and the New Normal

3. Historical Reasons for Failures of the Rule of Law and Constitutional Democracy in Slovenia

I. Introduction

II. The Pitfalls of the Past

III. Transitional Justice Measures

IV. The Impact of the Unresolved Past on the Rule of Law and Democracy

V. Conclusion

4. The (Non) Reforms of Slovenia's Economy

I. Introduction

II. Slovenia's Economy in the 19th and the Early 20th Century

III. The Centrally Planned Times of the SFRY and the Pretransition Era

IV. State of Play after Independence

V. The Crash: The 2008 Global Financial Crisis

VI. Differences in Some Policies

VII. Analysis of Different Economic Concepts

VIII. Conclusion

5. The Current Crises of Human Rights Protection, the Rule of Law and Democracy in Slovenia

I. Introduction

II. The Current Crises of Human Rights Protection in Slovenia

III. The Current Crises of the Rule of Law and Constitutional Democracy in Slovenia

IV. Theorising Reasons for the Current Crises of the Rule of Law and Constitutional Democracy in Slovenia

V. Conclusion

6. The Judiciary and the Rule of Law in Slovenia

I. Introduction

II. Systemic Violation of the Right to a Trial in a Reasonable Time

III. Challenges to Judicial Independence

IV. Impartiality of the Judiciary

V. Ordinary Courts and Human Rights Protection

VI. Distrust of the Judiciary

VII. Conclusion

7. The Vicious Circle of Slovenian Democracy

I. Introduction

II. Three Crises of Input Legitimacy

III. The Crisis of Throughput Democratic Legitimacy

IV. The Crisis of Output Legitimacy

V. Conclusion

8. Freedom of Press under Stress in Slovenia

I. Introduction

II. The Constitutional and Institutional Frameworks of Press Freedom in Slovenia

III. Freedom of the Press under Stress in Slovenia

IV. Overall Assessment

V. Conclusion

9. Welfare State and Solidarity in Slovenia

I. Introduction

II. (In)equality, Equal Capabilities and Socioeconomic Livehoods in Slovenia

III. The Normative Protections of Welfare State and Socioeconomic Rights in Slovenia

IV. Regional Inequality in Slovenia

V. The Impact of Weak Rule of Law and Constitutional Democracy on the Level of Welfare State and

Socioeconomic Rights in Slovenia

VI. The Future of the Welfare State and Human Development in Slovenia

VII. Conclusion

10. The Influence of the Council of Europe on the Rule of Law in Slovenia

I. Introductory Remarks

II. The European Commission for Democracy through Law

III. The Commissioner for Human Rights of the Council of Europe

IV. The European Court of Human Rights

V. Conclusion

11. The Impact of the European Union on Constitutional Democracy in Slovenia

I. Pre-Accession Phase

II. Poster-Child Membership Phase

III. Post-Crisis Phase

IV. Conclusion

12. The Case for a Resilient Constitutional Democracy

I. The Concentric Circles of Western Democratic Decay

II. In Pursuit of a Resilient Constitutional Democracy

III. Why is the East More Fragile than the West?

IV. Democratic and Academic Decay

V. Making the Case for a Resilient Constitutional Democracy

VI. What Can the Council of Europe Add to its Existing Activities to Strengthen the Resilience of Constitutional

Democracy in CEE Countries?

VII. By Way of Conclusion: Concrete Proposals for the Reform of Slovenia's Constitutional Democracy

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