Stemming the Tide of Illiberalism? Legal Mobilization and Adversarial Legalism in Central and Eastern Europe

2018 ◽  
Author(s):  
Mihaela Serban
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Legal Mobilization

Stemming the tide of illiberalism? Legal mobilization and adversarial legalism in Central and Eastern Europe

2018 ◽  
Vol 51 (3) ◽  
pp. 177-188
Author(s):  
Mihaela Şerban
Keyword(s):  
Eastern Europe ◽  
Distinctive Feature ◽  
Central And Eastern Europe ◽  
Legal Culture ◽  
Selective Adaptation ◽  
Legal Mobilization ◽  
Eastern European ◽  
Quarter Century ◽  
Post Communism ◽  
Rights Consciousness

This paper explores the rise of rights-based regulation through litigation as a distinctive feature of legal culture in Central and Eastern Europe post-1989. This type of adversarial legalism was born at the intersection of post-communist, European integration, and neoliberal discourses, and is characterized by legal mobilization at national and supranational levels, selective adaptation of adversarial mechanisms, and the growth of rights consciousness. The paper distinguishes Eastern European developments from both American and Western European types of adversarial legalism, assesses the first quarter century of post-communism and represents a first step towards constructing a genealogy of the region’s legal culture post-1989.

Local Governance in Central and Eastern Europe

2008 ◽  
Author(s):  
Tomila V. Lankina ◽  
Anneke Hudalla ◽  
Hellmut Wollmann
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Local Governance

Merger regulation in Central and Eastern Europe: Evidence from Hungary, Romania and Slovenia

2002 ◽  
Vol 52 (3) ◽  
pp. 327-345 ◽  
Author(s):  
T. Kravtseniouk
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Merger Control ◽  
Substantial Part ◽  
Economic Competition ◽  
Close Link ◽  
Case Study Methodology ◽  
Domestic Markets ◽  
Study Methodology

This paper shows the principal features of merger control in selected transition economies of Central and Eastern Europe (CEE), namely Hungary, Romania and Slovenia, by applying case study methodology. The presented findings are based on the analysis of Hungarian, Romanian and Slovenian competition law and merger rulings reached by the Competition Offices of these countries. A substantial part of the conclusions is drawn from a sample of 42 merger applications processed by the Office of Economic Competition of Hungary between 1994 and 2000. The results of empirical analysis demonstrate the considerable flexibility of merger control in the studied countries, its orientation towards the future of domestic markets and a close link with industrial policy. The paper also highlights the areas of interdependence of competition policy and transition and argues that merger control in the studied CEE countries may be regarded as currently adequate to the requirements imposed by transition.

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