Europe

2020 ◽  
Keyword(s):  
Rule Of Law ◽  
Security Policy ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
Foreign And Security Policy ◽  
The One ◽  
Two Sides ◽  
The Eu

In the years before the Covid-19 crisis confronted the world with unprecedented challenges, the EU showed two sides of itself: On the one hand, it gave cause for hope, having overcome several crises and presenting itself to the world as a defender of multilateralism and a stronghold of democracy. On the other hand, however, its weaknesses remained visible: its lack of coherence in foreign and security policy; its insufficient influence in its neighbouring regions; and its internal contradictions with regard to upholding the rule of law among its member states. The essays gathered here offer a review of two years of EU politics. With contributions by Laurent Baechler, Anna Dimitrova, Mohamed Ane, Sebastian Franzkowiak, András Inotai, Gabriel N. Toggenburg, Arnaud Leconte, Kyriakos Revelas, Hartmut Marhold, Jean-Claude Vérez, Jean-Marie Rousseau, Susann Heinecke, Florent Marciacq, Tobias Flessenkemper, Magda Stumvoll, Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura, Claude Nigoul, Pinar Selek, Yvan Gastaut.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

scholarly journals Efforts to Disrupt the Authoritarian Equilibrium within the EU. Effects and Counter-effects

2021 ◽  
Vol 17 (4) ◽  
pp. 723-741
Author(s):  
Krisztina Juhász
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Theoretical Approach ◽  
Financial Support ◽  
The Other ◽  
Resource Analysis ◽  
The Rule Of Law ◽  
Secondary Literature ◽  
The One ◽  
The Eu

Abstract The study, leaning on the concept of ‘authoritarian equilibrium’ introduced by R. Daniel Kelemen on the one hand, and new intergovernmentalism as a fresh theoretical approach of the European integration on the other hand, investigates if we can talk about the disruption of the ‘authoritarian equilibrium’ as a consequence of the split up between Fidesz and the EPP, and the adoption of the rule of law conditionality mechanism. In other words, whether we can talk about an initial authoritarian dis-equilibrium? Or can we rather talk about a converse process due to the mechanisms of new intergovernmentalism resulting in the further stabilisation of authoritarian governments and the ineffectiveness of the EU measures devoted to the protection of rule of law? Using qualitative resource analysis of the relevant secondary literature and the documents and legal acts of the EU and its institutions the paper comes to the conclusion that while we have witnessed efforts to disrupt the partisan and the financial support of the Hungarian governing party, these efforts were neutralised by the mechanisms of new intergovernmentalism and as a consequence we still cannot talk about an initial authoritarian disequilibrium in the EU.

The Rule of Law

2017 ◽  
Author(s):  
J. M. Bernstein
Keyword(s):  
Coercive Force ◽  
Rule Of Law ◽  
Necessary Conditions ◽  
The State ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Formal Features

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the “inner morality of law.” Next, the chapter offers a version of Caesar Beccaria's argument that the formal and procedural elements constituting the rule of law should be conceived as, on the one hand, generating the necessary conditions for relations between the citizen and the state and, on the other hand, among citizens themselves that will be sufficient to free individuals from coercive, force-based relations both among themselves and between themselves and the state.

THE EU – CHINA COOPERATION IN THE FIELD OF RESEARCH, DEVELOPMENT, AND INNOVATION

2017 ◽  
Vol 5 ◽  
pp. 537-540
Author(s):  
Loredana Jitaru ◽  
Lorena Florentina Popescul
Keyword(s):  
Document Analysis ◽  
The Other ◽  
Strategic Partnership ◽  
Research Development ◽  
Quality Research ◽  
Cooperative Relationships ◽  
Other Hand ◽  
The World ◽  
The One ◽  
The Eu

The EU and China enjoy one of the most fruitful relationships of cooperation in the world. In time, this cooperation has evolved into a strategic partnership created in 2003. A central part of the development and consolidation of the Strategic Partnership was that of the cooperation between these two actors in the field of research, development, and innovation. This paper intends, on the one hand, to analyze the cooperative relationships between the EU and China in the field of research, development, and innovation, and on the other hand to offer a bigger picture of the present day relationships in the field. This paper uses methods of quality research, more precisely document analysis.

scholarly journals The Chinese Advantage in Emergency Law

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Ugo Mattei ◽  
Liu Guanghua ◽  
Emanuele Ariano
Keyword(s):  
Rule Of Law ◽  
Population Surveillance ◽  
The Other ◽  
State Of Exception ◽  
Critical Event ◽  
Legal Tradition ◽  
The Rule Of Law ◽  
Legal Response ◽  
Other Hand ◽  
The One

AbstractThis Article has a twofold purpose. On the one hand, it offers comparative materials for an informed discussion of COVID-determined emergency law in China and Italy by assessing its normative implications and political genealogy. On the other hand, it explores the essential contiguity between the ‘state of exception’ triggered by the pandemic and the possible geopolitical shifts in global legal hegemony in the actual phase of surveillance capitalism which is witnessing a decline of law as a form of social organization and its replacement by the predictive models elaborated by technology. In this respect, the traditional Western iconography has long described the Chinese legal tradition as a “law without law”, a despotic regime with intrusive population surveillance whose distance from the Western paradigm is deemed almost unbridgeable. And yet the legal response to coronavirus both in Europe and in the U.S. somewhat replicates the allegedly distant Chinese model in terms of restrictions and surveillance mechanisms which are being deployed to counter the crisis in the face of a formal commitment to the rule of law. This Article concludes that the emerging pre-eminence of the “rule of technology” over the “rule of law” in a critical event of historic proportions like a pandemic should and will set the future agenda of comparative studies in a double direction. On the one hand it calls for a truly critical reconsideration of role of law in society which in turn impels to rethink the hold of the liberal constitutional model and the obsolescence of traditional legal taxonomies. On the other hand, it might point to the emergence of an unexpected Chinese legal leadership, determined by the progressive undoing of the Western legal and political narratives whose backbone has been relentlessly eroded by decades of neoliberalism and populism.

scholarly journals Talking Past Each Other: On Common Misperceptions in the Rule of Law Debate

2020 ◽  
pp. 209-233
Author(s):  
Attila Vincze
Keyword(s):  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
Quality Of Democracy ◽  
The Rule Of Law ◽  
Eu Policies ◽  
The One ◽  
The Eu ◽  
Constitutional Changes

Abstract This chapter deals with shortcomings of the EU policies vis-à-vis Hungary and partially also Poland. Firstly, it depicts the argument that the EU’s diagnosis of illiberal backsliding is too narrow. When assessing the quality of democracy in Hungary and Poland, the Commission and the European Parliament almost exclusively focus on recent constitutional changes, and thereby overlook many other deficits which lead to a distorted picture. Secondly, there is a legitimate debate on the meaning of the basic values of the EU. Article 2 TEU contains many open-textured expressions, which might be understood differently. Thirdly, due to the incomplete diagnosis, the instruments currently being used to combat backsliding tendencies seem ill-suited on the one hand, and, on the other, the EU surprisingly does not seem to make best use of currently available tools. The chapter concludes by highlighting and discussing possible improvements of EU strategies towards backsliding states.

Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice

2020 ◽  
Vol 16 (1) ◽  
pp. 8-32
Author(s):  
Peter Van Elsuwege ◽  
Femke Gremmelprez
Keyword(s):  
Rule Of Law ◽  
Security Policy ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
Scope Of Application ◽  
The Eu

The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law

scholarly journals Two Conceptions of Second Nature

2020 ◽  
Vol 3 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Georg W. Bertram
Keyword(s):  
The Other ◽  
Human Beings ◽  
Open Future ◽  
Second Nature ◽  
Other Hand ◽  
The World ◽  
Cognitive Activities ◽  
The Open Future ◽  
The One ◽  
First Nature

AbstractThe concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future.

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