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| Author | : Elżbieta Kużelewska |
| Publisher | : |
| Total Pages | : 244 |
| Release | : 2014 |
| Genre | : Courts |
| ISBN | : 9781780685236 |
| Author | : María Elósegui |
| Publisher | : Springer Nature |
| Total Pages | : 287 |
| Release | : 2021-04-20 |
| Genre | : Law |
| ISBN | : 3030560015 |
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
| Author | : Cristina Dallara |
| Publisher | : Routledge |
| Total Pages | : 190 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317088891 |
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
| Author | : Elżbieta Kużelewska |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Application des lois |
| ISBN | : 9781780683164 |
The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the European Union and the European Court of Human Rights.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 226 |
| Release | : 2020-01-06 |
| Genre | : Political Science |
| ISBN | : 9287190054 |
The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.
| Author | : Cristina Dallara |
| Publisher | : Springer |
| Total Pages | : 150 |
| Release | : 2014-07-08 |
| Genre | : Political Science |
| ISBN | : 3319044206 |
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
| Author | : Marijke Malsch |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2016-05-13 |
| Genre | : Law |
| ISBN | : 1317153073 |
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
| Author | : Piotr Mikuli |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Court administration |
| ISBN | : 9789462367708 |
Court administration, in a strict sense, encompasses the technical, organizational, and material conditions of court operation, while it, in a larger sense, concerns a great number of measures and activities connected with the functioning of the whole judicial system. This book aims at contextualizing the current trends in this respect by addressing the tensions between the independence of the judiciary, its accountability, and effectiveness. The contributors to this volume confront the legal measures accepted in states with stable democratic traditions, and in new democracies in Central and Eastern European states. Current Challenges in Court Administration will be a valuable source of reference for academics and students in constitutional law, as well as for lawmakers. [Subject: Constitutional Law, Public International Law]
| Author | : Ramona Coman |
| Publisher | : Routledge |
| Total Pages | : 135 |
| Release | : 2017-10-02 |
| Genre | : Political Science |
| ISBN | : 1317379888 |
The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.
| Author | : William Phelan |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2019-06-13 |
| Genre | : Law |
| ISBN | : 1108499082 |
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
