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Vol 21 No 11 Nov/Dec 2016

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Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms of Implementation


ISBN13: 9781849467087
Published: October 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



Low stock.

Respect for the ‘rule of law’ is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States.

However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis.

In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.

The book brings together contributions from renowned academics, high-ranking professionals and experts in the field of European law, public international law and constitutional law.

Subjects:
EU Law
Contents:
Part I: Introduction
1. The European Union and the Rule of Law-State of Affairs and Ways of Strengthening Werner Schroeder

Part II: Core Elements of the Rule of Law
2. Principle of Legality and the Hierarchy of Norms Franz Merli
3. Access to Justice and Judicial Independence: Is There a Role for the EU? Attila Badó and János Bóka
4. Transparency as Part of a European Rule of Law Inger Österdahl
5. Legal Certainty Anna Gamper6. The Principle of Proportionality Peter M Huber

Part III: Council of Europe and European Union-Different Concepts of the Rule of Law?
7. The Council of Europe and the Rule of Law Jörg Polakiewicz and Jenny Sandvig
8. The Rule of Law in the Jurisprudence of the European Court of Human Rights Elisabeth Steiner
9. The Rule of Law in the Recent Jurisprudence of the ECJ Thomas von Danwitz

Part IV: Mechanisms of Implementing the Rule of Law in Europe
10. Reinforcement of the Rule of Law Oversight in the European Union: Key Options Carlos Closa and Dimitry Kochenov
11. The EU Rule of Law Framework Emmanuel Crabit and Nicolaas Bel
12. Global Activities and Current Initiatives in the Union to Strengthen the Rule of Law-A State of Play Andreas J Kumin
13. Managing the Rule of Law in a Heterogeneous Context: A Fundamental Rights Perspective on Ways Forward Gabriel N Toggenburg and Jonas Grimheden

Part V: Institutional Implications of Implementing the Rule of Law in Europe
14. The EU and Rule of Law-The Unavoidable Question of: Who Controls it? Gregor Schusterschitz
15. The Rule of Law in European Policy: A Parliamentarian's View Eva Lichtenberger
16. The Rule of Law and the Constitutionalisation of the European Union Monica Claes and Matteo Bonelli

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2017
Hart Publishing
£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2017
Hart Publishing
£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published April 2017
Hart Publishing
£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
Hart Publishing
£23.99
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
£31.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£60.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£2140.83 + £428.17 VAT
(ePub)
Buy
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£50.00
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£50.00
£26.66 + £5.33 VAT
(ePub)
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£26.66 + £5.33 VAT
(ePub)
Buy
£65.00
£65.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
£41.66 + £8.33 VAT
(ePub)
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
£49.99 + £10.00 VAT
(ePub)
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Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
Publication Abandoned