Reinforcing Rule of Law Oversight in the European Union

Cambridge University Press, 10/13/2016
EAN 9781107108882, ISBN10: 1107108888

Hardcover, 356 pages, 22.9 x 15.2 x 2.1 cm
Language: English

This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.

Part I. Establishing Normative Foundations
1. Reinforcing EU monitoring of the rule of law
normative arguments, institutional proposals and the procedural limitations Carlos Closa
2. Beyond legality - before democracy
rule of law caveats in the EU two-level system Gianluigi Palombella
3. Overseeing the rule of law in the EU
legal mandate and means Christophe Hillion
4. Protecting democracy inside the EU
on article 7 TEU and the Hungarian turn to authoritarianism Bojan Bugaric
Part II. Proposing New Approaches
5. Enforcing the basic principles of EU law through systemic infringement actions Kim Lane Scheppele
6. Mutual trust
the virtue of reciprocity – strengthening the acceptance of the rule of law through peer review Ernst Hirsch Ballin
7. The rule of law and the role of fundamental rights
seven practical pointers Gabriel N. Toggenburg and Jonas Grimheden
8. The potential of the EU charter of fundamental rights for the development of the rule of law indicators Martin Scheinin
9. The EU charter of fundamental rights as the most promising way of enforcing the rule of law against EU member states András Jakab
10. Protecting the rule of law (and democracy!) in the European Union
the idea of a Copenhagen Commission Jan-Werner Müller
11. From Copenhagen to Venice Kaarlo Tuori
Part III. Identifying Deeper Problems
12. EU democratic oversight and domestic deviation from the rule of law
sociological reflections Paul Blokker
13. Why improve EU oversight of rule of law? The two-headed problem of defending liberal democracy and fighting corruption Milada Anna Vachudova
14. The missing EU rule of law Dimitry Kochenov
Epilogue
living in a glass house
Europe, demoracy and the rule of law J. H. H. Weiler.