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The Rule of Law Under Threat: Eroding Institutions and European Remedies

The Rule of Law Under Threat: Eroding Institutions and European Remedies

Author: Robert Böttner; Hermann-Josef Blanke
Publisher: Edward Elgar Publishing
ISBN: 9781035330683
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Preface ix

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

Measuring the Rule of Law: an Empirical Approach 13

Jacek Lewkowicz, Rafał Woźniak and Przemysław Litwiniuk

Post-accession experience regarding the rule of law 31

Herbert Küpper

The Fall of the Rule of Law and Democracy in Hungary and the Complicity of the EU 51

Gábor Halmai

Consequences of the Rule of Law Debates for the Accession Process of the States of the Western Balkan 73

Pavel Usvatov and Mahir Muharemovic

Are Judges Politicians in Robes? Comparative Aspects of the Recruitment and Election of Judges 94

Piotr Mikuli, Natalie Fox and Radosław Puchta

Rule of Law (Crisis) and the Principle of Mutual Trust 125

Konstantina-Antigoni Poulou

Questioning the Primacy of Union Law by National Constitutional Courts 146

Udo Bux

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