The Rule of Laws Anatomy in the EU

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.>

Auteur
Allan Rosas was judge at the European Court of Justice from 2002 until 2019, having formerly been Armfelt Professor of Law at the Åbo Akademi University, Finland, and later Principal Legal Adviser and Deputy Director-General of the Legal Service of the European Commission, Belgium. Juha Raitio is Professor of European Law and Pekka Pohjankoski is Researcher at the Faculty of Law, both at the University of Helsinki, Finland.

Contenu

1. The editors, Introduction: The Rule of Law's Anatomy in the EU I. Foundations 2. Allan Rosas, Democracy and the Rule of Law: Odd Bedfellows or Siamese Twins? 3. Paul Craig, The Rule of Law and the EU: Responsibility, Independence and Rights 4. Sanja Bogojevic and Xavier Groussot, Illiberal Democracy and Rule by Law from an EU perspective 5. Juha Raitio, The Rule of Law and Legal Certainty 6. Leonard Besselink, The Primacy of the Rule of Law and Member States' Constitutional Identities 7. Niilo Jääskinen, EU Minimum Requirements for Judicial Independence and Impartiality as Interpreted by the European Court of Justice II. Protections 8. Werner Schroeder, An Active EU Rule of Law Policy 9. Paul Nemitz, Acting Before it is Too Late: Promoting Democracy and the Rule of Law in the Member States of the EU 10. Joni Heliskoski, Infringement Proceedings as a Tool for Enforcing the Rule of Law in EU Member States - a Critical Review 11. Pekka Pohjankoski, Of Carrots and Sticks: Constitutional Limits to Rule of Law Conditionality 12. Katalin Miklóssy, Tackling EU-conditionality with the Hungarian legal manoeuvres 13. Inge Govaere, Promoting the Rule of Law in EU External Relations: A Conceptual Framework 14. Steven Blockmans, The EU's Magnitsky Act: An Innovative Tool Fit for the Enforcement of Human Rights and Rule of Law Worldwide?