Full Description
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.
Contents
1. The editors, Introduction: The Rule of Law's Anatomy in the EU
I. Foundations
2. Allan Rosas, Democracy and the Rule of Law: Odd Bedfellows or Siamese Twins?
3. Paul Craig, The Rule of Law and the EU: Responsibility, Independence and Rights
4. Sanja Bogojevic and Xavier Groussot, Illiberal Democracy and Rule by Law from an
EU perspective
5. Juha Raitio, The Rule of Law and Legal Certainty
6. Leonard Besselink, The Primacy of the Rule of Law and Member States'
Constitutional Identities
7. Niilo Jääskinen, EU Minimum Requirements for Judicial Independence and
Impartiality as Interpreted by the European Court of Justice
II. Protections
8. Werner Schroeder, An Active EU Rule of Law Policy
9. Paul Nemitz, Acting Before it is Too Late: Promoting Democracy and the Rule of Law
in the Member States of the EU
10. Joni Heliskoski, Infringement Proceedings as a Tool for Enforcing the Rule of Law in
EU Member States - a Critical Review
11. Pekka Pohjankoski, Of Carrots and Sticks: Constitutional Limits to Rule of Law
Conditionality
12. Katalin Miklóssy, Tackling EU-conditionality with the Hungarian legal manoeuvres
13. Inge Govaere, Promoting the Rule of Law in EU External Relations: A Conceptual
Framework
14. Steven Blockmans, The EU's Magnitsky Act: An Innovative Tool Fit for the
Enforcement of Human Rights and Rule of Law Worldwide?
