Title Defending checks and balances in EU member states : taking stock of Europe's actions / Armin von Bogdandy, Piotr Bogdanowicz, Iris Canor, Christoph Grabenwarter, Maciej Taborowski, Matthias Schmidt, editors

Published Berlin : Springer, 2021

Online access available from: SpringerOpen books    View Resource Record

Click on the following:
Springer Law and Criminology eBooks
Springer eBooks

Copies

Description 1 online resource Series Beiträge Zum Ausländischen öffentlichen Recht und Völkerrecht ; v. 298 Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ; Bd. 298. Contents Part I: Understanding the Development in EU Member States: Not on Bread Alone Doth Man Liveth (Deut. 8:3; Mat 4:4) Some Iconoclastic Views on Populism, Democracy, the Rule of Law and the Polish Circumstance by Joseph HH Weiler -- Constitutional Crisis in Poland 20152016 in the Light of the Rule of Law Principle by Marcin Wiacek -- Hungarys Latest Experiences with Article 2 TEU: The Need for Informed EU Sanctions by Beata Bako -- Part II: European Action: Towards a Tyranny of Values? Principles on Defending Checks and Balances in EU Member States by Armin von Bogdandy -- The Rule of Law as a Value in the Sense of Article 2 TEU: What Does it Mean and Imply? by Werner Schroeder -- Article 7: A Commentary on a Much Talked-About Dead Provision by Dimitry Kochenov -- The Responsibility of Courts in Maintaining the Rule of Law: Two tales of consequential judicial self- restraint by Pal Sonnevend -- Suspending Horizontal Solange: A Decentralized Instrument for Protecting Mutual Trust and the European Rule of Law by Iris Canor -- Ascertaining the Guarantee of Guarantees. Recent Developments Regarding the Infringement Procedure in the EUs Rule of Law Crisis by Matthias Schmidt and Piotr Bogdanowicz -- Defending Union Values in Judicial Proceedings. On How to Turn Article 2 TEU Into a Judicially Applicable Provision by Luke Dimitrios Spieker -- Suspension of EU Funds Paid to Member States Breaching the Rule of Law Is the Commissions Proposal Legal? by Justyna acny -- The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications by Artur Nowak-Far -- The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU by Wojciech Sadowski -- Sounding the Alarm: The Council of Europe as the Guardian of the Rule of Law in Contemporary Europe by Jorg Polakiewicz and Julia Katharina Kirchmayr -- Part III: Dissecting CJEUs Jurisprudence: A Potential Constitutional Moment for the European Rule of Law The Importance of Red Lines by Armin von Bogdandy, Piotr Bogdanowicz, Iris Canor, Giacomo Rugge, Matthias Schmidt and Maciej Taborowski -- The Assessment of Judicial Independence Following the CJEU Ruling in C-216/18 LM by Stanisaw Biernat and Pawe Filipek -- The Rule of Law, Fair Trial and Human Dignity: the Protection of EU Values after LM by Catherine Dupre -- Drawing Red Lines With No (Significant) Bites Why An Individual Test Is Not Appropriate in the LM Case by Agnieszka Frackowiak-Adamska -- Intermezzo in the Rule of Law Play: The Court of Justices LM Case by Matteo Bonelli Summary This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny Analysis European Fundamental Rights and Freedoms Treaty of the European Union Court of Justice of the European Union Member States CJEU Democracy Rule of Law EU Values Constitutional Crisis Open access Public international law: human rights Subject Separation of powers -- European Union countries Politics and government Separation of powers SUBJECT European Union countries -- Politics and government Subject European Union countries Form Electronic book Author Bogdandy, Armin von, 1960- Bogdanowicz, Piotr Canor, Iris Grabenwarter, Christoph Taborowski, Maciej Schmidt, Matthias ISBN 9783662623176 366262317X 9783662623183 3662623188 9783662623190 3662623196

  Permalink