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Strengthening the Rule of Law in Europe : From a Common Concept to Mechanisms of Implementation.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
London :
Bloomsbury Publishing PLC,
2016.
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| Colección: | Modern Studies in European Law Ser.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- List of Contributors; Part I: Introduction; 1; The European Union and the Rule of Law-State of Affairs and Ways of Strengthening; I. Point of Departure: Dangers for the Rule of Law; II. Function of the Rule of Law in the Law of the Union; III. Rule of Law as Part of the Legal Order of the Union; IV. Content of the Rule of Law; V. Systemic Crises of the Rule of Law in the Member States; VI. Procedure for the Implementation of the Rule of Law vis-à-vis the Member States; VII. Conclusion-Strengthening of the Rule of Law Through Cooperation; Part II: Core Elements of the Rule of Law; 2.
- Principle of Legality and the Hierarchy of NormsI. Legality as the Core of the Rule of Law; II. Legality as a Complex Concept; III. Three Meanings of Legality; IV. Legality and the Quality of Law; V. Legality and the Hierarchy of Norms; VI. The Value of Legality; 3; Access to Justice and Judicial Independence: Is There a Role for the EU?; I. Current Issues Concerning Judicial Independence; II. Selection and Promotion of Judges; III. Assignment and Transfer of Cases, Secondment of Judges; IV. Feasibility and Possibility of EU Activities Concerning Judicial Independence; V. Conclusions; 4.
- Transparency as Part of a European Rule of LawI. Introduction; II. Access to Documents According to the European Court of Human Rights; III. Tentative Conclusion; IV. Looking Forward: Digitalisation, Internationalisation, Privatisation; 5; Legal Certainty; I. Introduction; II. Elements of Legal Certainty; III. Problem Areas of Legal Certainty; IV. Conclusions; 6; The Principle of Proportionality; I. Historic Roots of the Principle of Proportionality; II. Adoption and Generalisation in German Constitutional Law.
- III. Acknowledgement in the Jurisprudence of International Courts and other CountriesIV. Five Elements of the Proportionality Test; V. Three Different Dimensions of Proportionality; VI. Problems; Part III: Council of Europe and EuropeanUnion-Different Concepts ofthe Rule of Law?; 7; The Council of Europe and the Rule of Law; I. Introduction; II. Defining the Rule of Law within Europe; III. Monitoring Mechanisms and Other Rule of Law Activities; IV. Cooperation on the Rule of Law with the European Union; V. Concluding Observations; 8.
- The Rule of Law in the Jurisprudence of the European Court of Human RightsI. Introduction; II. Attempting to Define the Rule of Law; III. The Rule of Law in the Case Law of the European Court of Human Rights; IV. Concluding Remarks; 9; The Rule of Law in the Recent Jurisprudence of the ECJ; I. Recent Jurisprudence of the ECJ on the Rule of Law; II. Ensuring the Respect of the Rule of Law by Member States of the European Union; III. Ensuring the Rule of Law-A Never Ending Story; Part IV: Mechanisms of Implementingthe Rule of Law in Europe; 10.