scholarly journals Shared Tasks, but Separated Controls: Building the System of Control for Shared Administration in an EU Multi-Jurisdictional Setting

2019 ◽  
Vol 10 (3) ◽  
pp. 538-553
Author(s):  
Miroslava SCHOLTEN
Keyword(s):  
Rule Of Law ◽  
Future Research ◽  
Governance Structures ◽  
Relevant Research ◽  
Public Power ◽  
The Rule Of Law ◽  
Different Types ◽  
Multi Level ◽  
The Many ◽  
The Eu

In order to address “wicked problems”, complex, multi-level governance structures must be established. These structures in turn require sophisticated systems of controls over public power to safeguard the rule of law. This seems to have been ignored in EU legislative practice and relevant research. This article argues that future research and legislative design of controls over public power in the EU need to be guided by the principle of connecting, aligning and making interplay between relevant concepts, institutions, procedures and scopes of different types of control belonging to the many jurisdictions, whose actors are involved in the executing of (shared) tasks in the EU. Connecting the disciplines that study these issues is a necessary prerequisite to this endeavour.

scholarly journals Ombudsman decentralized in the EU: experience for Ukraine

2016 ◽  
Vol 4 (1-2) ◽  
pp. 42-50
Author(s):  
К. В. Мануілова
Keyword(s):  
The Netherlands ◽  
Rule Of Law ◽  
Significant Contribution ◽  
Public Authorities ◽  
Public Power ◽  
The Rule Of Law ◽  
Growth Status ◽  
The Individual ◽  
Further Development ◽  
The Eu

The article analyses the actual theme of the ombudsman institution in terms of decen­tralization of public power. The features of formation and functioning of the ombudsman in Sweden, Finland, of Denmark, Austria and the Netherlands. It is noted that it is the best ombudsman protects the rights of people in decentralized EU. Ombudsman makes a significant contribution to the democratization of society, public power closer to the peo­ple, ensuring fairness, legitimacy and willingness to meet the needs of citizens and con­tributes to greater transparency, efficiency and quality in the work of public authorities. Today, most decentralized European countries the post of local / regional ombudsman, which successfully handles control of public authorities. The conclusions emphasized that the activities of the institute of local / regional ombudsman investigated in the EU was an important step for the further development of democratic society; strengthening the rule of law key components (growth status of the individual, guaranteeing the rights and freedoms of man and citizen); providing better control over the activities of authori­ties and officials; realization of the main goal of the policy of decentralization of public power – the power to approach people. The recommendations for change Ukrainian om­budsman as a decentralized public power.

scholarly journals Asylum in the EU: One of the Many Faces of Rule of Law Backsliding?

2021 ◽  
pp. 1-27
Author(s):  
Evangelia (Lilian) Tsourdi
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
System Implementation ◽  
The Rule Of Law ◽  
Implementation Gap ◽  
Refugee Protection ◽  
Common European Asylum System ◽  
The Many ◽  
The Eu

EU values – Rule of law backsliding – Rule of law and fundamental rights interrelation – Refugee protection – Common European Asylum System – Implementation gap in asylum – Lack of fair responsibility sharing in asylum – Structural deficiencies in national asylum systems – Defiance of asylum obligations and the duty of sincere cooperation – Systemic fundamental rights violations – Upholding the rule of law – European Asylum System redesign – Systemic infringement actions – Rule of law monitoring

scholarly journals Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research

2020 ◽  
pp. 285-300
Author(s):  
Luca Tomini ◽  
Seda Gürkan
Keyword(s):  
Rule Of Law ◽  
State Of The Art ◽  
Causal Link ◽  
The State ◽  
Future Research ◽  
The Rule Of Law ◽  
Art Research ◽  
To Receive ◽  
Scholarly Attention ◽  
The Eu

Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

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