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Central European Judges Under the European Influence

Central European Judges Under the European Influence
Author: Michal Bobek
Publisher:
Total Pages: 449
Release: 2015
Genre: Constitutional courts
ISBN: 9781782257882
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"The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non)Europeanisation of national legal systems and cultures."--Bloomsbury Publishing.

Central European Judges Under the European Influence

Central European Judges Under the European Influence
Author: Michal Bobek
Publisher: Bloomsbury Publishing
Total Pages: 467
Release: 2015-11-19
Genre: Law
ISBN: 1782259899
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The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

Judicial Independence

Judicial Independence
Author: Carl Baudenbacher
Publisher: Springer
Total Pages: 520
Release: 2019-02-15
Genre: Law
ISBN: 9783030023072
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This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

The Impact of the ECHR on Democratic Change in Central and Eastern Europe
Author: Iulia Motoc
Publisher: Cambridge University Press
Total Pages: 559
Release: 2016-08-18
Genre: Law
ISBN: 1107135028
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Explores the effects of the Strasbourg human rights system on the domestic law and politics of post-communist member states.

Central European Judges Under the European Influence

Central European Judges Under the European Influence
Author: Michal Bobek
Publisher: Bloomsbury Publishing
Total Pages: 462
Release: 2015-11-19
Genre: Law
ISBN: 1782259902
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The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

The Impact of European Institutions on the Rule of Law and Democracy

The Impact of European Institutions on the Rule of Law and Democracy
Author: Matej Avbelj
Publisher: Bloomsbury Publishing
Total Pages: 315
Release: 2020-04-30
Genre: Law
ISBN: 1509915060
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Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.

The Max Planck Handbooks in European Public Law

The Max Planck Handbooks in European Public Law
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 721
Release: 2023-05-04
Genre: Law
ISBN: 0192846698
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The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.

The New EU Judiciary

The New EU Judiciary
Author: Emmanuel Guinchard
Publisher: Kluwer Law International B.V.
Total Pages: 448
Release: 2016-12-15
Genre: Law
ISBN: 9041168400
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The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

Constitutional Review in Central and Eastern Europe

Constitutional Review in Central and Eastern Europe
Author: Kálmán Pócza
Publisher: Taylor & Francis
Total Pages: 331
Release: 2024-02-13
Genre: Law
ISBN: 1003849547
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Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.

Domestic Judicial Treatment of European Court of Human Rights Case Law

Domestic Judicial Treatment of European Court of Human Rights Case Law
Author: David Kosař
Publisher: Routledge
Total Pages: 252
Release: 2020-02-28
Genre: Law
ISBN: 1000036596
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The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.