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Author: Radu Carp Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article analyses the relations between the Cooperation and Verification Mechanism, the rule of law, and the principles of subsidiarity and proportionality in relation to Romania as an EU Member State. The European Commission has not provided a definition of the rule of law, but only a theoretical one. Despite this, the way it has influenced in practice many non-EU Member States that have a strong relationship with the EU is significant. The article raises the question whether the EU may demand from EU Member States like Romania that they respect the rule of law. The Cooperation and Verification Mechanism (CVM) was established in 2006, based on Romania's Treaty of Accession. It monitors, by means of periodical Reports, compliance with the rule of law standards. The article analyses two Reports from July 2012 and January 2013, by relating their contents to the principles of proportionality, subsidiarity and the EU obligation to respect the constitutional norms of Member States. The conclusion is that the way the CVM works does not contradict these principles. These CVM Reports also mention the Constitutional Court and the People's Advocate (the Romanian Ombudsman) because these institutions are considered by the European Commission to be fundamental for compliance with rule of law standards - combating high-level corruption and ensuring the independence of the judiciary. The conclusion is that the rule of law is not only a theoretical concept with different meanings at the national level, but that there is also an EU rule of law acquis, which is a specific part of the EU acquis.
Author: Radu Carp Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article analyses the relations between the Cooperation and Verification Mechanism, the rule of law, and the principles of subsidiarity and proportionality in relation to Romania as an EU Member State. The European Commission has not provided a definition of the rule of law, but only a theoretical one. Despite this, the way it has influenced in practice many non-EU Member States that have a strong relationship with the EU is significant. The article raises the question whether the EU may demand from EU Member States like Romania that they respect the rule of law. The Cooperation and Verification Mechanism (CVM) was established in 2006, based on Romania's Treaty of Accession. It monitors, by means of periodical Reports, compliance with the rule of law standards. The article analyses two Reports from July 2012 and January 2013, by relating their contents to the principles of proportionality, subsidiarity and the EU obligation to respect the constitutional norms of Member States. The conclusion is that the way the CVM works does not contradict these principles. These CVM Reports also mention the Constitutional Court and the People's Advocate (the Romanian Ombudsman) because these institutions are considered by the European Commission to be fundamental for compliance with rule of law standards - combating high-level corruption and ensuring the independence of the judiciary. The conclusion is that the rule of law is not only a theoretical concept with different meanings at the national level, but that there is also an EU rule of law acquis, which is a specific part of the EU acquis.
Author: Anthony Arnull Publisher: Oxford University Press ISBN: 0191653055 Category : Law Languages : en Pages : 950
Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Author: Lisa Louwerse Publisher: BRILL ISBN: 9004530827 Category : Law Languages : en Pages : 462
Book Description
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Author: Armin von Bogdandy Publisher: Springer Nature ISBN: 366262317X Category : Law Languages : en Pages : 478
Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author: Gianluigi Palombella Publisher: Bloomsbury Publishing ISBN: 1847314724 Category : Law Languages : en Pages : 244
Book Description
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Author: Anitta M. Hipper Publisher: ISBN: 9783658096120 Category : Electronic books Languages : en Pages : 256
Book Description
Anitta M. Hipper examines to what extent and under what conditions the EU's transformative power met with resistance in Romania. The book touches upon a raw nerve for most post-communist societies: justice and anti-corruption reform. Through the use of a context-sensitive approach, it assesses how domestic factors influenced the implementation of EU conditionality towards Romania from 1990 to 2012. Empirical investigations reveal a struggle between various interested parties in complying with EU conditionality. As a result, a complex layer of (non- )compliance emerged and it became a Herculean.
Author: Hermann-Josef Blanke Publisher: Springer ISBN: 3319193007 Category : Law Languages : en Pages : 620
Book Description
Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.
Author: Radu Carp
Author: Radu Carp
Author: Carlos Closa
Author: Anthony Arnull
Author: Lisa Louwerse
Author: Armin von Bogdandy
Author: Julianne Spatacean
Author: Gianluigi Palombella
Author: Anitta M. Hipper
Author: Cristina Fasone
Author: Hermann-Josef Blanke