Rule of Law in the EU Antonina Bakardjieva Engelbrekt, Andreas Moberg, Joakim Nergelius / Antonina Bakardjieva Engelbrekt, Andreas Moberg, Joakim Nergelius
2021, 2021-12-02, 2021-10-28
eBook, Book
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This open access 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. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
Este libro muestra los vínculos conceptuales y prácticos que existen entre confianza y Derecho, a partir de una posición crítica respecto a un modo de concebir, y de justificar, el Derecho, que ha ...imperado durante mucho tiempo en nuestra cultura jurídica. Es el que el AU identifica con el maquiavelismo jurídico (y también con la teoría hobbesiana), que explica el Derecho a partir de la desconfianza (implícita en su dimensión sancionadora) y de la agresividad, como criterios constitutivos de la naturaleza humana y de las relaciones sociales. Frente a una antropología negativa o pesimista, el AU se muestra partidario de un modelo alternativo, en el que las relaciones humanas se desarrollan sobre la base de la confianza y de la amistad, invitando a una reflexión sobre el rol que el Derecho, no basado en un modelo exclusivamente punitivo, puede desempeñar en una sociedad.Tommaso Greco es catedrático de Filosofía del Derecho en el Departamento de Derecho de la Universidad de Pisa, donde también es director del Centro Interdepartamental de Bioética. Dirige la serie «Bobbiana» de la editorial Giappichelli y la revista de historia de la Filosofía del Derecho «Diacronìa». Ha publicado libros y artículos sobre el pensamiento de Norberto Bobbio y Simone Weil y ensayos sobre la relación entre derechos y deberes.
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S. positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally ...circulating narratives about what law is and who has it, and shows how "legal Orientalism" developed into a distinctly American ideology of empire.
This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient ...Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.
The modernization path of the Chinese rule of law reflects the glorious process of the Communist Party of China (CPC)'s continuous exploration of the rule of law development. It has created a new ...form of rule of law civilization for humanity, one that has not only profoundly changed China but is also deeply influencing the world historical process. Under the leadership of the CPC, the Chinese people have achieved the innovation of legal mechanisms, text, and discourse in their century-long endeavor for the rule of law. This highlights the distinctive features of the Chinese rule of law civilization. The innovation of legal mechanisms is the foundation of the modernization of the Chinese rule of law, indicating that through the Party's century-long endeavor for the rule of law, a legal leadership mechanism has been formed, in which the Party exercises overall leadership and coordinates the efforts of all sides; the innovation of legal text is the manifestation of modernization of the Chinese rule of law, indicating that through the Party's century-long endeavor for the rule of law, the socialist legal system with Chinese characteristics is gradually moving toward a new stage of codification in which the promulgation and implementation of the Civil Code of the People's Republic of China is a milestone; and the innovation of legal discourse is the core of modernization of the Chinese rule of law, indicating that through the Party's century-long endeavor for the rule of law, the continuous refinement of the Chinese legal discourse system is playing a key role in providing theoretical support and legal reasoning.
For more than a decade now a profound rule‐of‐law crisis has gripped the European Union, and while the fight for the rule of law has topped not only the academic but also the judicial and political ...agenda, the results have been disappointingly meagre. This article argues that the main reason for that should be sought in a political strategic move of justifying the assaults on the rule of law by resorting to an “illiberal democracy.” This premeditated political narrative shift has unleashed onto the political sphere and onto public discourse at large comprehensive doctrines which had hitherto been left dormant thanks to an overlapping consensus on the rule of law as a central building block of the political conception of justice à la Rawls. Once this overlapping consensus was broken, the rule of law itself lost its neutral character as a referee on the right among the many conceptions of the good, itself becoming part of the highly politicized power play for dominance among irreconcilable—liberal and illiberal—comprehensive doctrines. The overlapping consensus in the EU is thus broken, but there are no conceptual reasons inherent to the rule of law itself for which it could not be rebuilt in the future.
Law is perceived as a stabilising mechanism in an everchanging world and, as such, is founded on the quest for the one “true” meaning of legal norms as a basis for the rule of law. But I shall ...suggest that it is futile to seek a fixed meaning of legal norms or the one “true” method for interpreting them. The argument will be built by first considering the “trialectics” between hermeneutics, linguistics, and jurisprudence, and then taking a systematic approach to law itself, to this end drawing inspiration from the work of Ferdinand de Saussure. I shall finally argue for the necessity of a more procedural understanding of the rule of law.
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