This is an Open Access book. Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this ...relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.
This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; ...human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts. Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is ...respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
This open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, ...whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
Die Beiträge dieses Open-Access-Buchs diskutieren das Verständnis von Rhetorik, mit dem heute in Literatur- und Rechtswissenschaft gearbeitet wird. Sie beleuchten, inwiefern sich die westliche ...Tradition von rhetorischen Perspektiven aus anderen Sprach-, Kultur- und Rechtsräumen unterscheidet. Während die Rhetorik in antiker Tradition in der Literaturtheorie nach wie vor eine große Rolle spielt, hat sie ihren Status als Leitdisziplin in den Rechtswissenschaften eingebüßt und ist lediglich für Teilbereiche wie Argumentationstheorie und Rechtslogik relevant. Der Band nimmt Recht und Literatur in ihrer gemeinsamen sprachlichen Konstitution ernst und fragt nicht zuletzt nach einem geteilten Grundverständnis von Rhetorik.; Die Beiträge dieses Open-Access-Buchs diskutieren das Verständnis von Rhetorik, mit dem heute in Literatur- und Rechtswissenschaft gearbeitet wird. Sie beleuchten, inwiefern sich die westliche Tradition von rhetorischen Perspektiven aus anderen Sprach-, Kultur- und Rechtsräumen unterscheidet. Während die Rhetorik in antiker Tradition in der Literaturtheorie nach wie vor eine große Rolle spielt, hat sie ihren Status als Leitdisziplin in den Rechtswissenschaften eingebüßt und ist lediglich für Teilbereiche wie Argumentationstheorie und Rechtslogik relevant. Der Band nimmt Recht und Literatur in ihrer gemeinsamen sprachlichen Konstitution ernst und fragt nicht zuletzt nach einem geteilten Grundverständnis von Rhetorik.
This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; ...human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts. Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.
The paper summarises the sources, functions and species (types) of Hungarian private law’s general principles. It emphasises that the non-legal basis thereof consists in the Common European Cultural ...Heritage (as Greek philosophy, Roman law, Judeo-Christian religious tradition, Humanism, Enlightenment). Thereafter, the contribution analyses the interdependence and mechanisms of action of the governing principles of Rule of Law and Justice. The study shows that, on the one hand, among homogeneous relationships and circumstances, Justice operates as the Rule of Law, while, in heterogeneity, it is the Equity, which performs the Rule of Law by means of correction of Justice: Both Justice and Equity guarantee the perpetuance of Rule of Law, which has a certain predominance according to the previous two principles. The article presents how these governing principles bind and oblige legislation, application of law and subjects of law (persons) as well. In a critical approach, the paper defines Equity as it is a governing principle of Hungarian private law obliging legislation and jurisdiction in different manners for guaranteeing Rule of Law by a correction of Justice through a one-sided preference resulting from judicial discretion based on statutory mandate for the purpose, on the one hand, of the shield those worthy of protection, and, on the other hand, in special and extraordinary cases, in order to grant derogations from the general norm within the very provisions of certain regulations.
This open access book discusses the state of rule of law protection in Europe, by considering recent challenges to judiciary independence in EU countries. The purpose of the book is to advance ...solutions to such challenges. It looks at the challenges from the perspective of EU law and ECHR law and puts forward solutions for its improvement and paths of action to be taken by EU political institutions to solve the problems. The book consists of communications presented by leading European scholars, judges and prosecutors, in a conference in Lisbon, organised by Prof. Paulo Pinto de Albuquerque and Judge Filipe Marques.
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