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

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

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Summary

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 fields of European law, public international law and constitutional law.

Table of 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 Gamper
6. 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