Reinforcing Rule of Law Oversight in the European Union

ISBN-13: 9781107108882 / Angielski / Twarda / 2016 / 356 str.

Carlos Closa; Dimitry Kochenov

Opis

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Recenzje

'This is an important volume which will certainly contribute to the debate in a fundamental fashion, albeit from a 'normative' standpoint …, characterizing it: a necessary read for constitutionalists, comparativists and the scholars of international and European law.' Giuseppe Martinico, translated from Rivista dei diritti comparati

Spis treści

Part I. Establishing Normative Foundations: 1. Reinforcing EU monitoring of the rule of law: normative arguments, institutional proposals and the procedural limitations Carlos Closa; 2. Beyond legality - before democracy: rule of law caveats in the EU two-level system Gianluigi Palombella; 3. Overseeing the rule of law in the EU: legal mandate and means Christophe Hillion; 4. Protecting democracy inside the EU: on article 7 TEU and the Hungarian turn to authoritarianism Bojan Bugaric; Part II. Proposing New Approaches: 5. Enforcing the basic principles of EU law through systemic infringement actions Kim Lane Scheppele; 6. Mutual trust: the virtue of reciprocity – strengthening the acceptance of the rule of law through peer review Ernst Hirsch Ballin; 7. The rule of law and the role of fundamental rights: seven practical pointers Gabriel N. Toggenburg and Jonas Grimheden; 8. The potential of the EU charter of fundamental rights for the development of the rule of law indicators Martin Scheinin; 9. The EU charter of fundamental rights as the most promising way of enforcing the rule of law against EU member states András Jakab; 10. Protecting the rule of law (and democracy!) in the European Union: the idea of a Copenhagen Commission Jan-Werner Müller; 11. From Copenhagen to Venice Kaarlo Tuori; Part III. Identifying Deeper Problems: 12. EU democratic oversight and domestic deviation from the rule of law: sociological reflections Paul Blokker; 13. Why improve EU oversight of rule of law? The two-headed problem of defending liberal democracy and fighting corruption Milada Anna Vachudova; 14. The missing EU rule of law Dimitry Kochenov; Epilogue: living in a glass house: Europe, demoracy and the rule of law J. H. H. Weiler.