András Jakab Péter Takács and Allan F. Tatham (eds.), The Transformation of the Hungarian Legal Order 1985–2005. Transition to the Rule of Law and Accession to the European Union (Alphen aan den Rijn: Kluwer Law International2007) 658 p., ISBN 9789041121806

2011 ◽  
Vol 7 (2) ◽  
pp. 332-335
Author(s):  
Anneli Albi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Order ◽  
The European Union ◽  
The Rule Of Law

scholarly journals Combating the constitutional crisis in Poland – Can the European Union provide an effective remedy?

2021 ◽  
Author(s):  
Monika Kawczyńska
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Order ◽  
Proper Solution ◽  
Preliminary Ruling ◽  
The European Union ◽  
The Rule Of Law ◽  
Effective Remedy ◽  
Fundamental Values ◽  
The Eu

AbstractRecent constitutional reforms in Poland have demonstrated a lack of respect for the rule of law and for the fundamental values which form the foundations of the EU legal order. The Polish authorities have substantially deviated from principles that the country has accepted as a part of the Copenhagen criteria. The aim of the article is to analyse the mechanisms and procedures applied by the EU institutions to address the systemic threats to the rule of law in Poland. The main focus of the assessment is on the effectiveness of the measure and its potential for a proper solution to the problem. The response provided by the EU demonstrate that there has been a shift from a political to judicial enforcement of values. The article argues that the remedies that were deemed to be the least suitable to address the systemic deficiencies in the rule of law – an infringement action and a preliminary ruling procedure – proved to be the most effective remedy to defend independence of the Polish judiciary. Unexpectedly, the most efficient institution to ensure the respect for values enshrined in Article 2 TEU in Poland proved to be the CJEU, providing extensive interpretation of Article 19 (1) TEU and Article 47 of the Charter. Nevertheless the values are still much more difficult to enforce than the law. While the most serious infringements have been reversed, this has not prevented the Polish authorities from further violating the rule of law.

THE BULGARIAN MODEL OF THE PROSECUTOR’S OFFICE AND PROSECUTOR GENERAL

2017 ◽  
Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Member State ◽  
Rule Of Law ◽  
Legal Framework ◽  
Legal Order ◽  
The European Union ◽  
The Rule Of Law ◽  
Eu Countries ◽  
The Republic ◽  
Legal Procedures

The independence of the Prosecutor General of any Member State of the European Union is extremely important with a view to comply with the legal framework and the rule of law. It lays the foundations of trust in the judiciary and the fundaments of statehood, creates a sense of law and legal order. That is why it is highly important in the context of the present to outline the control of the activity of the Prosecutor General in the exercise of his powers, clearly emphasizing that the Bulgarian Prosecutor General is not out of control in his powers. The legal powers of the Prosecutor General of the Republic of Bulgaria are even more limited than the powers of analogous figures in the legal systems of other EU countries. The Prosecutor General exercises his powers only in exceptional cases and according to previously prescribed legal procedures.

scholarly journals International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia

2021 ◽  
Vol 2 (1) ◽  
pp. 229-244
Author(s):  
Bojan Tubić
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Order ◽  
Common Elements ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Administrative Practice ◽  
The Republic ◽  
Definition Of

This paper examines international and European norms concerning the principle of the rule of law and its implications for the Republic of Serbia’s legal order. There is no universally accepted definition of the rule of law, but some common elements can be found in international legislative acts and jurisprudence. The European Union and Council of Europe have substantial legislation on this issue; with their courts’ jurisprudence, they have a significant influence on their Member States’ comprehension of the rule of law principle. The Republic of Serbia has embraced the principle in its Constitution and developed it in its legislation. It will also accept and include European interpretations of the rule of law in its legislation and judicial and administrative practice by joining the European Union.

A Hard Law Approach to States Systemic Violations of Article 2 of the Treaty of the European Union

2020 ◽  
pp. 363-380 ◽  
Author(s):  
Miguel Poiares Maduro ◽  
Benedita Menezes Queiroz
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
National Level ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
The Eu

The rule of law is under threat in the European Union. Systemic violations of fundamental rights are affecting the rule of law, democracy, and judicial independence in some Member States and consequently the EU legal order. The level of interdependence between the Member States and the EU legal order is such that systemic violations of those principles in the Member States end up impacting on EU compliance with the same principles. Article 7 TEU did not prove, however, to be the most effective tool to face these problems due to its political nature. The EU’s intervention in the form of infringement actions to safeguard the rule of law at the national level may be a suitable action to address some these serious violations of fundamental rights. Despite of the earlier hesitation to take a bolder action in this regard, the EU Commission, after the Court of Justice’s recent decisions in Associação Sindical dos Juízes Portuguese and LM, brought infringement proceedings against Poland challenging this country reforms that put into question the independence of its judiciary. The Court established its power of judicial review over the rule of law in the Member States in C-619/18 Commission v Poland. Ultimately, this decision highlighted the role of EU law in safeguarding the rule of law in its Member States, but more importantly in safeguarding the rule of law in the EU legal order as a whole.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

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