The Rule of Law’s Anatomy in the EU: Foundations and Protections

Administrative / Constitutional Law › European Union Law

The Rule of Law’s Anatomy in the EU: Foundations and Protections

Edited by Allan Rosas · Juha Raitio · Pekka Pohjankoski
Hart Publishing June 2023

Specifications

ISBN-13
9781509955077
Publisher
Hart Publishing
Publication
June 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Paperback

Details

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.

Table of Contents

1. Democracy and the Rule of Law
Allan Rosas
2. The Rule of Law and the EU
Paul Craig
3.“Illiberal” Democracy: Rule of the Law or Rule by the Law?
Xavier Groussot
4. The Rule of Law and Legal Certainty
Juha Raitio
5. The Rule of Law in the EU and National Constitutional Identity
6. The EU Minimum Requirements for Judicial Independence and Impartiality as Interpreted by the European Court of Justice
Niilo Jääskinen
7. Threats to Judicial Impartiality
Miroslaw Wyrzykowski
8. A Rule of Law-Policy of the European Union
Werner Schroeder
9. Infringement Actions as a Tool for Enforcing the Rule of Law
Joni Heliskoski
10. Rule of Law Conditionality
Pekka Pohjankoski
11. Legal Flexibility in the Hungarian Lawyers' Regime
Katalin Miklóssy
12. Promoting the Rule of Law in EU External Relations
Inge Govaere
13. The EU's Global Human Rights Sanctions Regime and the Rule of Law
Steven Blockmans
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