Rule of Law in Europe

This open access book discusses the state of rule of law protection in Europe, by considering recent challenges to judiciary independence in EU countries. The purpose of the book is to advance solutions to such challenges. It looks at the challenges from the perspective of EU law and ECHR law and puts forward solutions for its improvement and paths of action to be taken by EU political institutions to solve the problems. The book consists of communications presented by leading European scholars, judges and prosecutors, in a conference in Lisbon, organised by Prof. Paulo Pinto de Albuquerque and Judge Filipe Marques.

Provides an updated and critical overview of the rule of law challenges in the EU Covers a variety of different jurisdictions and approaches to the analysis of the rule of law problematic Includes chapters from renowned scholars, as well as current and former magistrates Is open access, which means that you have free and unlimited access

Auteur

Paulo Pinto de Albuquerque is a full Professor (Catedrático) at the Catholic university Lisbon, a Doctor honoris causa by Edge Hill University (United Kingdom) and Kharkiv Jaroslav Mudryi University (Ukraine), and a recipient of the Medal of Honor of the Portuguese Bar. He is a Former Judge at the European Court of Human Rights (2011-2020). He was Visiting Professor at several American, European and Asian universities. He has researched and published works in the fields of criminal law, criminal procedure law and regulatory offences law, in English, French, German, Italian, Portuguese, Spanish, Russian, and Ukrainian.

Filipe Marques is a judge at the Labour Court of Vila Nova de Gaia (Portugal) and is currently (since 2021) seconded at the Court of Auditors, in Lisbon. Between 2006 and 2012, he was a member of the Board of the Portuguese Judges' Association (ASJP) and, between 2012 and 2022, ASJP's representative in MEDEL - Magistrats Européens pour la Démocratie et les Libertés, organisation he came to preside from 2017 to 2022. He is a member of the Editorial Board of the Portuguese magazine "Julgar" and of the International Scientific Committee of the Italian magazine "Diritto, Immigrazione e Cittadinanza" and has served as expert on various Council of Europe, OSCE and European Union projects related to the fight against corruption, institutional reform of the judiciary and the promotion of transatlantic dialogue between judicial institutions. He has been a speaker at various conferences organised by national and international institutions and has published articles as author or co-author in various national and international legal and non-legal publications.

Contenu

Introduction.- Introduction: The Rule of Law in Europe.- Opening Statement: Conference Rule of Law in Europe.- 1 Notes on the Independence of the Judiciary.- 2 EU Fiddling while the rule of law burns.- 3 Sentimento do MundoOn the endless battle for a Justice System.- 4 The Twilight of the Gods: Independence of the Judiciary and the rule of law in Europe.- 5 Protecting Judicial Independence by Strengthening Public Confidenceiny the Judiciary.