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The Rule of Law’s Anatomy in the EU: Foundations and Protections

Editat de Judge Allan Rosas, Juha Raitio, Pekka Pohjankoski
en Limba Engleză Hardback – 14 iun 2023
This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.
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Specificații

ISBN-13: 9781509955077
ISBN-10: 1509955070
Pagini: 240
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Leading academics and jurists from across the EU explore the challenging question of the rule of law

Notă biografică

Allan Rosas was judge at the European Court of Justice from 2002 until 2019, having formerly been Armfelt Professor of Law at the Åbo Akademi University, Finland, and later Principal Legal Adviser and Deputy Director-General of the Legal Service of the European Commission, Belgium.Juha Raitio is Professor of European Law and Pekka Pohjankoski is Researcher at the Faculty of Law, both at the University of Helsinki, Finland.

Cuprins

1. The editors, Introduction: The Rule of Law's Anatomy in the EUI. Foundations2. Allan Rosas, Democracy and the Rule of Law: Odd Bedfellows or Siamese Twins?3. Paul Craig, The Rule of Law and the EU: Responsibility, Independence and Rights4. Sanja Bogojevic and Xavier Groussot, Illiberal Democracy and Rule by Law from anEU perspective5. Juha Raitio, The Rule of Law and Legal Certainty6. Leonard Besselink, The Primacy of the Rule of Law and Member States'Constitutional Identities7. Niilo Jääskinen, EU Minimum Requirements for Judicial Independence andImpartiality as Interpreted by the European Court of JusticeII. Protections8. Werner Schroeder, An Active EU Rule of Law Policy9. Paul Nemitz, Acting Before it is Too Late: Promoting Democracy and the Rule of Lawin the Member States of the EU10. Joni Heliskoski, Infringement Proceedings as a Tool for Enforcing the Rule of Law inEU Member States - a Critical Review11. Pekka Pohjankoski, Of Carrots and Sticks: Constitutional Limits to Rule of LawConditionality12. Katalin Miklóssy, Tackling EU-conditionality with the Hungarian legal manoeuvres13. Inge Govaere, Promoting the Rule of Law in EU External Relations: A ConceptualFramework14. Steven Blockmans, The EU's Magnitsky Act: An Innovative Tool Fit for theEnforcement of Human Rights and Rule of Law Worldwide?