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Rule of Law in the EU: 30 Years After the Fall of the Berlin Wall

Edited by: Antonina Bakardjieva Engelbrekt, Andreas Moberg, Joakim Nergelius

ISBN13: 9781509954650
Published: June 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £41.99
Hardback edition , ISBN13 9781509941599



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This open book looks into the evolution and current state of the rule of law in the European Union (EU). The thirtieth anniversary of the fall of the Berlin Wall is chosen as a natural moment of stocktaking; assessing the progress made since the beginning of the democratic reforms in Central and Eastern Europe (CEE), but also critically analysing recent tendencies of rule of law backsliding and open revolt against liberal-democratic values in individual EU Member States. The volume is partly retrospective in that it reflects on the challenges of the post-communist transition and the process of Eastward Enlargement of the Union. Yet it is also prospective, in so far as it reviews the variety of novel mechanisms for strengthening rule of law enforcement in the EU and gauges their potential for bringing sustainable, positive change in this regard. All chapters are written by experienced scholars and practitioners in the field of EU law and policy.

Subjects:
EU Law
Contents:
INTRODUCTION
1. Rule of Law in the EU 30 Years After the Fall of the Berlin Wall: Taking Stock and Looking Ahead
Antonina Bakardjieva Engelbrekt, Stockholm University, Sweden, Andreas Moberg, University of
Gothenburg, Sweden and Joakim Nergelius, Örebro University, Sweden

PART ONE: THE RULE OF LAW IN THE EUROPEAN UNION - THEORETICAL FOUNDATIONS AND POLITICAL REALITY
2. Rule of Law Problems as Problems of Democracy
Leonard Besselink, University of Amsterdam, Netherlands
3. Illiberal Constitutionalism in East-Central Europe
Gábor Halmai, European University Institute, Italy
4. Why the Rule of Law Can Never be Part of an 'Illiberal' Democracy
Joakim Nergelius,Örebro University, Sweden

PART TWO: THE RULE OF LAW IN CEE - COMMUNIST LEGACIES AND THE ROAD TO EU ACCESSION
5. Legacies of Socialist Constitutionalism: The Eastern European Judiciary
Zdenek Kühn, Charles University, Czechia
6. Legal Reasoning in Central and Eastern Europe from a Historical Perspective
Katalin Kelemen, Örebro University, Sweden
7. The Council of Europe as an Antechamber to the European Union
Daniel Tarschys, Stockholm University, Sweden
8. The Role of the Venice Commission in Strengthening the Rule of Law
Iain Cameron, Uppsala University, Sweden
9. The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU
Antonina Bakardjieva Engelbrekt, Stockholm University, Sweden

PART THREE: THE RULE OF LAW IN AN ENLARGED EUROPE
10. The Rule of Law in Italy under the Power of Populism, and its Impact on the Future of the EU: What the Pandemic Crisis Can Teach Us: Some Reflections on Populism, Europe, the Rule of Law and Fundamental Rights During the Time of Quarantine in Italy
Valentina Colcelli, University of Perugia, Italy
11. The European Rule of Law Standard, the Nordic States, and EU Law
Graham Butler, Aarhus University, Denmark

PART FOUR: ENFORCING THE RULE OF LAW IN THE EU - CURRENT MECHANISMS AND PROSPECTS
12. The Rise of Procedural Rule of Law in the European Union – Historical and Normative Foundations
Xavier Groussot, Lund University, Sweden and Anna Zemskova, Lund University, Sweden
13. The European Commission and the EU Rule of Law Policy
Anna Perego, European Commission (DG Justice)
14. Respect for the Rule of Law: Some Thoughts on the European Parliament's Perspective
Linda Stefani, European Parliament and María José Martínez Iglesias, European Parliament
15. Can We Expect Compliance with the Rule of Law without the Rule of Law?
Andreas Moberg, University of Gothenburg, Sweden

Series: Swedish Studies in European Law

The EU Law of Investment: Past, Present, and Future ISBN 9781509965854
To be published November 2024
Hart Publishing
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The Power to Tax in Europe ISBN 9781509964055
To be published August 2024
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The Power to Tax in Europe ISBN 9781509964017
Published February 2023
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£41.99
Environmental Rights in Europe and Beyond ISBN 9781509943777
Published November 2020
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£44.99
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£95.00
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£95.00
Swedish Perspectives on Private Law Europeanisation ISBN 9781509929757
Published May 2019
Hart Publishing
£28.99
Environmental Rights in Europe and Beyond ISBN 9781509911110
Published August 2018
Hart Publishing
£95.00
£36.99
Human Rights in Contemporary European Law Volume 6 ISBN 9781509913848
Published March 2017
Hart Publishing
£33.99
Swedish Perspectives on Private Law Europeanisation (eBook) ISBN 9781509900961
Published January 2017
Hart Publishing
£26.09
(ePub)
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Swedish Perspectives on Private Law Europeanisation ISBN 9781849466974
Published January 2017
Hart Publishing
£80.00
£90.00
£81.00
(ePub)
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£90.00
£33.29
(ePub)
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Human Rights in Contemporary European Law Volume 6 ISBN 9781849464833
Published January 2015
Hart Publishing
£90.00
Human Rights in Contemporary European Law Volume 6 (eBook) ISBN 9781782253181
Published January 2015
Hart Publishing
£30.59
(ePub)
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European Police and Criminal Law Co-operation ISBN 9781849463508
Published January 2014
Hart Publishing
£90.00
European Police and Criminal Law Co-operation (eBook) ISBN 9781782251491
Published January 2014
Hart Publishing
£81.00
(ePub)
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Labour Law, Fundamental Rights and Social Europe
Edited by: Mia Ronnmar
ISBN 9781849462105
Published September 2011
Hart Publishing
£95.00
£95.00