Reinforcing rule of law oversight in the European Union / edited by Carlos Closa, Dimitry Kochenov.
2016
KJE5037 .R454 2016 (Map It)
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Details
Title
Reinforcing rule of law oversight in the European Union / edited by Carlos Closa, Dimitry Kochenov.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
KJE5037 .R454 2016
ISBN
1107108888
9781107108882 (hardback)
9781107108882 (hardback)
Description
xvi, 339 pages ; 24 cm
System Control No.
(OCoLC)940933099
Summary
"This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections."--Page 4 of cover.
Note
Includes "profoundly updated and reworked papers" first presented at a one-day seminar co-sponsored by the EUI and the University of Groningen in January 2014. -- Page xi.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of Figures
viii
List of Contributors
ix
Preface
xi
List of Abbreviations
xiii
Table of Cases
xiv
Introduction: How to Save the EU's Rule of Law and Should One Bother? / Dimitry Kochenov
1
pt. I
Establishing Normative Foundations
13
1.
Reinforcing EU Monitoring of the Rule of Law: Normative Arguments, Institutional Proposals and the Procedural Limitations / Carlos Closa
15
2.
Beyond Legality -- Before Democracy: Rule of Law Caveats in the EU Two-Level System / Gianluigi Palombella
36
3.
Overseeing the Rule of Law in the EU: Legal Mandate and Means / Christophe Hillion
59
4.
Protecting Democracy inside the EU: On Article 7 TEU and the Hungarian Turn to Authoritarianism / Bojan Bugaric
82
pt. II
Proposing New Approaches
103
5.
Enforcing the Basic Principles of EU Law through Systemic Infringement Actions / Kim Lane Scheppele
105
6.
Mutual Trust: The Virtue of Reciprocity -- Strengthening the Acceptance of the Rule of Law through Peer Review / Ernst Hirsch Ballin
133
7.
Rule of Law and the Role of Fundamental Rights: Seven Practical Pointers / Jonas Grimheden
147
8.
Potential of the EU Charter of Fundamental Rights for the Development of the Rule of Law Indicators / Martin Scheinin
172
9.
EU Charter of Fundamental Rights as the Most Promising Way of Enforcing the Rule of Law against EU Member States / Andras Jakab
187
10.
Protecting the Rule of Law (and Democracy!) in the EU: The Idea of a Copenhagen Commission / Jan-Werner Muller
206
11.
From Copenhagen to Venice / Kaarlo Tuori
225
pt. III
Identifying Deeper Problems
247
12.
EU Democratic Oversight and Domestic Deviation from the Rule of Law: Sociological Reflections / Paul Blokker
249
13.
Why Improve EU Oversight of Rule of Law?: The Two-Headed Problem of Defending Liberal Democracy and Fighting Corruption / Milada Anna Vachudova
270
14.
Missing EU Rule of Law? / Dimitry Kochenov
290
Epilogue: Living in a Glass House: Europe, Democracy and the Rule of Law / J. H. H. Weiler
313
Index
327