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The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond (eBook)


ISBN13: 9781509915064
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £81.00
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Since 2010 the European Union has been plagued by the crises of the rule of law and democracy, which has been spreading from Central and Eastern Europe and has caught many by surprise. Unjustly so. This book argues that the professed success of the 2004 big bang enlargement was in many respects mirroring only the Potemkin village erected in the new member states on their way back to Europe. The spearheading country of the Potemkin village has been Slovenia. Since its independence and throughout the accession process, Slovenia was portrayed as the best disciple and as a poster-child of the New Europe.

This book claims that the widely shared narrative of the Slovenian EU dream has, unfortunately, been just a myth. In many ways, Slovenia fares even worse than its contemporary constitutionally-backsliding CEE counterparts. The understanding of the depth and breadth of the rule of law and democracy crises in Slovenia, the authors of this book hope, will also contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE member states, which threaten the viability of the EU and the Council of Europe projects as such. It is only on the basis of such better understanding that the causes of the crises could be more accurately identified and, consequently, also more appropriately addressed on the national, transnational and supranational level.

Subjects:
European Jurisdictions, EU Law, eBooks
Contents:
1. Constitutional Backsliding in Central and Eastern Europe in Lieu of Back to Europe
I. Introduction
II. The Argument of this Book
III. Acknowledgments
2. The Genesis of Slovenian Constitutional Democracy
I. A People that Came from Nowhere
II. The Road to Independence and Construction of a New Constitutional Legal Order
III. Slovenia as a Constitutional Democracy
IV. The Sociology of Slovenian Constitutional Order
V. A Semi-Permanent Transition and the New Normal
3. Historical Reasons for Failures of the Rule of Law and Constitutional Democracy in Slovenia
I. Introduction
II. The Pitfalls of the Past
III. Transitional Justice Measures
IV. The Impact of the Unresolved Past on the Rule of Law and Democracy
V. Conclusion
4. The (Non) Reforms of Slovenia's Economy
I. Introduction
II. Slovenia's Economy in the 19th and the Early 20th Century
III. The Centrally Planned Times of the SFRY and the Pretransition Era
IV. State of Play after Independence
V. The Crash: The 2008 Global Financial Crisis
VI. Differences in Some Policies
VII. Analysis of Different Economic Concepts
VIII. Conclusion
5. The Current Crises of Human Rights Protection, the Rule of Law and Democracy in Slovenia
I. Introduction
II. The Current Crises of Human Rights Protection in Slovenia
III. The Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
IV. Theorising Reasons for the Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
V. Conclusion
6. The Judiciary and the Rule of Law in Slovenia
I. Introduction
II. Systemic Violation of the Right to a Trial in a Reasonable Time
III. Challenges to Judicial Independence
IV. Impartiality of the Judiciary
V. Ordinary Courts and Human Rights Protection
VI. Distrust of the Judiciary
VII. Conclusion
7. The Vicious Circle of Slovenian Democracy
I. Introduction
II. Three Crises of Input Legitimacy
III. The Crisis of Throughput Democratic Legitimacy
IV. The Crisis of Output Legitimacy
V. Conclusion
8. Freedom of Press under Stress in Slovenia
I. Introduction
II. The Constitutional and Institutional Frameworks of Press Freedom in Slovenia
III. Freedom of the Press under Stress in Slovenia
IV. Overall Assessment
V. Conclusion
9. Welfare State and Solidarity in Slovenia
I. Introduction
II. (In)equality, Equal Capabilities and Socioeconomic Livehoods in Slovenia
III. The Normative Protections of Welfare State and Socioeconomic Rights in Slovenia
IV. Regional Inequality in Slovenia
V. The Impact of Weak Rule of Law and Constitutional Democracy on the Level of Welfare State and
Socioeconomic Rights in Slovenia
VI. The Future of the Welfare State and Human Development in Slovenia
VII. Conclusion
10. The Influence of the Council of Europe on the Rule of Law in Slovenia
I. Introductory Remarks
II. The European Commission for Democracy through Law
III. The Commissioner for Human Rights of the Council of Europe
IV. The European Court of Human Rights
V. Conclusion
11. The Impact of the European Union on Constitutional Democracy in Slovenia
I. Pre-Accession Phase
II. Poster-Child Membership Phase
III. Post-Crisis Phase
IV. Conclusion
12. The Case for a Resilient Constitutional Democracy
I. The Concentric Circles of Western Democratic Decay
II. In Pursuit of a Resilient Constitutional Democracy
III. Why is the East More Fragile than the West?
IV. Democratic and Academic Decay
V. Making the Case for a Resilient Constitutional Democracy
VI. What Can the Council of Europe Add to its Existing Activities to Strengthen the Resilience of Constitutional
Democracy in CEE Countries?
VII. By Way of Conclusion: Concrete Proposals for the Reform of Slovenia's Constitutional Democracy

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