Spreading democracy and the rule of law?: the impact of EU enlargement on the rule of law, democracy […]

Spreading democracy and the rule of law?: the impact of EU enlargement on the rule of law, democracy […]

Spreading democracy and the rule of law?: the impact of EU enlargement on the rule of law, democracy and constitutionalism in post-communist legal orders

Law of Europe > Europe. Organization and integration law > Regional organization and integration (Europe) > The European Communities. Community law > Organization law. Constitution of the European Communities > Intergovernmental (Internal) relations. Community and member nations > Accession of new member states. Adhesion. Beitritt > General works

Edition Details

  • Creators or Attribution (Responsibility): Wojciech Sadurski, Martin Krygier, Adam W. Czarnota
  • Language: English
  • Jurisdiction(s): Netherlands
  • Publication Information: Dordrecht : Springer, ©2006
  • Publication Type (Medium): Electronic books
  • Material: Document, Internet resource
  • Type: Internet Resource, Computer File
  • Other titles: Impact of EU enlargement on the rule of law, democracy and constitutionalism in post-communist legal orders
  • Permalink: http://books.lawlegal.eu/spreading-democracy-and-the-rule-of-law-the-impact-of-eu-enlargement-on-the-rule-of-law-democracy-and-constitutionalism-2340/ (Stable identifier)

Additional Format

Print version: Spreading democracy and the rule of law?. Dordrecht: Springer, ©2006 (DLC) 2006277634 (OCoLC)69021669

Short Description

1 online resource (XII, 390 pages) : ILlustrations

Purpose and Intended Audience

Useful for students learning an area of law, Spreading democracy and the rule of law?: the impact of EU enlargement on the rule of law, democracy […] is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Responsable Person: edited by Wojciech Sadurski, Adam Czarnota, and Martin Krygier.
  • Publication Date: 2006
  • Copyright Date: 2006
  • Location: Dordrecht
  • Country/State: Netherlands
  • Number of Editions: 16 editions
  • First edition Date: 2006
  • Last edition Date: 2010
  • Languages: English
  • Library of Congress Code: KJE5089
  • Dewey Code: 341.2422
  • ISBN: 9781402038426 1402038429 1402038410 9781402038419 1280611421 9781280611421
  • OCLC: 262687529

Publisher Description:

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the “external force” of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Main Contents

EU enlargement and democracy in new member states / Wojciech Sadurski
The eastern EU enlargement and the Janus-headed nature of the constitutional treaty / Vittorio Olgiati
A problem of their own, solutions of their own : CEE jurisdictions and the problems of lustration and retroactivity / David Robertson
Citizens and foreigners in the enlarged Europe / Enrica Rigo
Sub-national governence in central and eastern Europe : between transition and europeanization / Gwendolyn Sasse, James Hughes & Claire Gordon
The Copenhagen criteria and the evolution of popular consent to EU norms : from legality to normative justifiability in Poland and the Czech Republic / Dionysia Tamvaki
Becoming “Europeans” : the impact of EU “constitutionalism” on post-communist pre-modernity / Andra?s Sajo?
Happy returns to Europe? The Union's identity, constitution-making, and its impact on the central european accession states / Jiri Priban
An evolutionary approach to the constitutionalism of an enlarged EU : why will cognitive and cultural boundaries matter? / Daniela Piana
Constitutional tolerance and EU enlargement : the politics of dissent? / Miriam Aziz
Europeanization through judicial activism? The Hungarian Constitutional Court's legitimacy and the “return to Europe” / Christian Boulanger
Barbarians ante portas or the post-communist rule of law in post-democratic European Union / Adam Czarnota
Transformation and integration of local cultures and discourses–Poland / Marek Zirk-Sadowski
EU enlargement and the constitutional principle of judicial independence / Daniel Smilov
Post-communist legal orders and the Roma : some implications for EU enlargement / Istva?n Poga?ny
A Europe of variable geometry : still a winning model? / Lauso Zagato
Conclusions: The adhesion of new member states to the European Union and the European constitution / Sergio Bartole.

Table of Contents

Preface. Introduction
M. KRYGIER. Part I: Democratic Institutions and Practices. 1. W. SADURSKI
“EU Enlargement and Democracy in New Member States”. 2. V. OLGIATI
“The Eastern EU Enlargement and the Janus-Headed Nature of the Constitutional Treaty”. 3. D. ROBERTSON
“A Problem of Their Own, Solutions of Their Own: CEE Jurisdictions and the Problems of Lustration and Retroactivity”. 4. E. RIGO
“Citizens and Foreigners in the Enlarged Europe”. 5. G. SASSE, James Hughes, Claire Gordon
“Sub-National Governance in Central and Eastern Europe: Between Transition and Europeanization “. 6. D. TAMVAKI
“The Copenhagen Criteria and the Evolution of Popular Consent to EU Norms: From Legality to Normative Justifiability in Poland and the Czech Republic”.Part II: Constitutionalism. 7. A. SAJO
“Becoming “Europeans”: The Impact of EU ‘Constitutionalism’ on Post-Communist Pre-Modernity”. 8. J. PRIBAN
“Happy Returns to Europe? The Union’s Identity, Constitution-Making, and Its Impact on the Central European Accession States”. 9. D. PIANA
“Why Will Cognitive and Cultural Boundaries Matter? An Evolutionary Approach to the Constitutionalisation of the Enlarged EU”. 10. M. AZIZ
“Constitutional Tolerance and EU Enlargement: the Politics of Dissent?”. 11. C. BOULANGER
“Europeanisation Through Judicial Activism? The Hungarian Constitutional Court’s Legitimacy and the ‘Return to Europe’”. Part III: The Rule of Law. 12. A. CZARNOTA
“Barbarians ante portas or the Post-Communist Rule of Law in Post-Democratic European Union”. 13. M. ZIRK-SADOWSKI
“Transformation and Integration of Legal Cultures and Discourses – Poland”. 14. D. SMILOV
“EU Enlargement and the Constitutional Principle of Judicial Independence”. 15. I. POGANY
“Post-Communist Legal Orders and the Roma: Some Implications for EU Enlargement”. 16. L. ZAGATO
“A Europe of Variable Geometry: Still a Winning Model?”. Concluding Remarks. S. BARTOLE
“Conclusions: The Adhesion of New Member States to the European Union and the European Constitution”.

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