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Full Description
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing onthe European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Contents
Part I Defending the Rule of Law in Emergency Regimes: Dean Spielmann, The rule of law principle in the jurisprudence of the Court of Justice of the European Union.- Dmitry Dedov, How state of emergency affects democracy: fair trial for political activists.- Peggy Ducoulombier, La défense de l'Etat de droit en période d'exception: l'exemple récent de la France sous état d'urgence.- Vladimíra Pejchalová Grünwaldová, The Rule of Law and Property.- Part II Challenges and Safeguards of the Independence of Justice: Armen Harutyunyan, Independence of judiciary within the political dimension.- María Elósegui, The Independence of the Judiciary in the Jurisprudence of the European Court of Human Rights: the case of Baka v. Hungary.- Anja Seibert-Fohr, Judges' Freedom of Expression and Their Independence: An Ambivalent Relationship.- Ida Caracciolo, UN Actions and Programs in Safeguarding the Independence of Judges.- Jannika Jahn, Social Media Communication by Judges: Assessing Guidelines and New Challenges for Free Speech and Judicial Duties in the Light of the Convention.- Part III Freedom of Expression: Krzysztof Wojtyczek, The Strasbourg Case Law on the Limits of Free Speech: a Few Legal-theoretical Issues.- Javier Martínez-Torrón, Freedom of Expression, Offences to Religion and Public morals in Strasbourg case law.- Robert Alexy, The Responsibility of Internet Portal Providers for Readers' Comments. Argumentation and Balancing in the Case of Delfi AS v. Estonia.- Martin Borowski, Axel Springer AG v. Germany, or: How to Perform Limited Review.- Peggy Ducoulombier, Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, Conflict of Rights, and the Notion of Responsible Journalism.- Beata Jurik, The Right to Respect for a Journalist's Private Life: Combined Analysis of Articles 8 and 10 of the Convention. Case Khadija Ismayilova v. Azerbaïdjan.- Alessio Sardo, Freedom of Expression, Sliding-Scales and Fake News.
