Strengthening the Rule of Law in Europe : From a Common Concept to Mechanisms of Implementation.

Intro -- Contents -- List of Contributors -- Part I: Introduction -- 1 -- The European Union and the Rule of Law-State of Affairs and Ways of Strengthening -- I. Point of Departure: Dangers for the Rule of Law -- II. Function of the Rule of Law in the Law of the Union -- III. Rule of Law as Part of the Legal Order of the Union -- IV. Content of the Rule of Law -- V. Systemic Crises of the Rule of Law in the Member States -- VI. Procedure for the Implementation of the Rule of Law vis-à-vis the Member States -- VII. Conclusion-Strengthening of the Rule of Law Through Cooperation -- Part II: Core Elements of the Rule of Law -- 2 -- Principle of Legality and the Hierarchy of Norms -- I. Legality as the Core of the Rule of Law -- II. Legality as a Complex Concept -- III. Three Meanings of Legality -- IV. Legality and the Quality of Law -- V. Legality and the Hierarchy of Norms -- VI. The Value of Legality -- 3 -- Access to Justice and Judicial Independence: Is There a Role for the EU? -- I. Current Issues Concerning Judicial Independence -- II. Selection and Promotion of Judges -- III. Assignment and Transfer of Cases, Secondment of Judges -- IV. Feasibility and Possibility of EU Activities Concerning Judicial Independence -- V. Conclusions -- 4 -- Transparency as Part of a European Rule of Law -- I. Introduction -- II. Access to Documents According to the European Court of Human Rights -- III. Tentative Conclusion -- IV. Looking Forward: Digitalisation, Internationalisation, Privatisation -- 5 -- Legal Certainty -- I. Introduction -- II. Elements of Legal Certainty -- III. Problem Areas of Legal Certainty -- IV. Conclusions -- 6 -- The Principle of Proportionality -- I. Historic Roots of the Principle of Proportionality -- II. Adoption and Generalisation in German Constitutional Law.

III. Acknowledgement in the Jurisprudence of International Courts and other Countries -- IV. Five Elements of the Proportionality Test -- V. Three Different Dimensions of Proportionality -- VI. Problems -- Part III: Council of Europe and EuropeanUnion-Different Concepts ofthe Rule of Law? -- 7 -- The Council of Europe and the Rule of Law -- I. Introduction -- II. Defining the Rule of Law within Europe -- III. Monitoring Mechanisms and Other Rule of Law Activities -- IV. Cooperation on the Rule of Law with the European Union -- V. Concluding Observations -- 8 -- The Rule of Law in the Jurisprudence of the European Court of Human Rights -- I. Introduction -- II. Attempting to Define the Rule of Law -- III. The Rule of Law in the Case Law of the European Court of Human Rights -- IV. Concluding Remarks -- 9 -- The Rule of Law in the Recent Jurisprudence of the ECJ -- I. Recent Jurisprudence of the ECJ on the Rule of Law -- II. Ensuring the Respect of the Rule of Law by Member States of the European Union -- III. Ensuring the Rule of Law-A Never Ending Story -- Part IV: Mechanisms of Implementingthe Rule of Law in Europe -- 10 -- Reinforcement of the Rule of Law Oversight in the European Union: Key Options -- I. Introduction -- II. Arguments in Favour of the Rule of Law Oversight -- III. The Legal Basis for Reinforced EU Oversight -- iv. Oversight Procedures -- V. Conclusions -- 11 -- The EU Rule of Law Framework -- I. Introduction -- II. Why has the Commission Established the EU Rule of Law Framework? -- III. What are the Conceptual Components of the EU Rule of Law Framework? -- IV. How Will the EU Rule of Law Framework Function? -- V. Conclusions -- 12 -- Global Activities and Current Initiatives in the Union to Strengthen the Rule of Law-A State of Play -- I. Introductory Remarks1 -- II. Global and Regional Activities.

III. Current Initiatives in the European Union -- 13 -- Managing the Rule of Law in a Heterogeneous Context: A Fundamental Rights Perspective on Ways Forward -- I. How Much Heterogeneity can European Unity Afford? The Argument for Minimum Constitutional Cohesion -- II. How to Look at the Rule of Law Debate? The Argument for a Fundamental Rights Perspective -- III. How to Ensure a Rights-based Performance? The Argument for Fundamental Rights Indicators -- IV. How to Move Beyond Sanctions: The Argument for Leading by Example and Learning from Peers -- V. How to Make Fundamental Rights a "Joined-up" Mission? The Argument for a Bottom-up Approach -- VI. How to Move the Value Debate from Extreme Scenarios to Day to Day Business? The Argument for a Strategic Framework -- VII. Who Does What? Addressing the "Elephant in the Room" Through a Hybrid Approach with Supranational and Intergovernmental Elements -- Part V: Institutional Implications of Implementing the Rule of Law in Europe -- 14 -- The EU and Rule of Law-The Unavoidable Question of: Who Controls it? -- I. Introduction -- II. Institutional Power Play in Organisations and in the EU -- III. The Prelude to the Rule of Law Mechanism-The Negotiations for the Fundamental Rights Agency -- IV. Institutional Considerations behind the Rule of Law in the EU -- V. Conclusion -- 15 -- The Rule of Law in European Policy: A Parliamentarian"s View -- I. Introduction -- II. The Rule of Law in Neighbourhood Policy and External Action -- III. The Rule of Law Within the Borders of the EU -- 16 -- The Rule of Law and the Constitutionalisation of the European Union -- I. Introduction -- II. Rule of Law, the Concept and the European Union -- III. Rule of Law and the Process of the Constitutionalisation of the European Union -- IV. Enforcing the Rule of Law in the EU Member States: the Dilemma.

V. The Responsibility to Guarantee the Rule of Law in the Member States: from Institutional Struggle to Institutional Cooperation? -- VI. The Way Forward? -- Index.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.