Suchergebnisse

This open access book takes the current state of the Union seriously. The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on 'integration through law'; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

Explores the changing role of comparative law in an era of Europeanisation and globalisation. This work explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state

Intro -- Preface -- Contents -- List of Contributors -- INTRODUCTION -- 1. Rule of Law in the EU 30 Years After the Fall of the Berlin Wall: Taking Stock and Looking Ahead -- PART ONE: THE RULE OF LAW IN THE EUROPEAN UNION: THEORETICAL FOUNDATIONS AND POLITICAL REALITY -- 2. Rule of Law Problems as Problems of Democracy -- 3. Illiberal Constitutionalism in East-Central Europe -- 4. Why the Rule of Law Can Never be Part of an 'Illiberal' Democracy -- 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 -- 6. Legal Reasoning in Central and Eastern Europe from a Historical Perspective -- 7. The Council of Europe as an Antechamber to the European Union -- 8. The Role of the Venice Commission in Strengthening the Rule of Law -- 9. The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU -- 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 -- 11. The European Rule of Law Standard, the Nordic States, and EU Law -- 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 -- 13. The European Commission and the EU Rule of Law Policy -- 14. Respect for the Rule of Law: Some Thoughts on the European Parliament's Perspective -- 15. Can We Expect Compliance with the Rule of Law without the Rule of Law? -- Index.