Spreading democracy and the rule of law? the impact of EU enlargement on the rule of law, democracy and constitutionalism in post-communist legal orders /

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutio...

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Other Authors: Sadurski, Wojciech, 1950-, Czarnota, Adam W., Krygier, Martin., SpringerLink (Online Service)
Format: eBook
Language: English
Published: Dordrecht : Springer, ©2006.
Physical Description: 1 online resource (xii, 390 pages) : illustrations.
Subjects:
Summary: The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Item Description: Includes bibliographical references.
EU enlargement and democracy in new member states / Wojciech Sadurski -- The eastern EU enlargement and the Janus-headed nature of the constitutional treaty / Vittorio Olgiati -- A problem of their own, solutions of their own : CEE jurisdictions and the problems of lustration and retroactivity / David Robertson -- Citizens and foreigners in the enlarged Europe / Enrica Rigo -- Sub-national governence in central and eastern Europe : between transition and europeanization / Gwendolyn Sasse, James Hughes & Claire Gordon -- The Copenhagen criteria and the evolution of popular consent to EU norms : from legality to normative justifiability in Poland and the Czech Republic / Dionysia Tamvaki -- Becoming "Europeans" : the impact of EU "constitutionalism" on post-communist pre-modernity / András Sajó -- Happy returns to Europe? The Union's identity, constitution-making, and its impact on the central european accession states / Jiri Priban -- An evolutionary approach to the constitutionalism of an enlarged EU : why will cognitive and cultural boundaries matter? / Daniela Piana -- Constitutional tolerance and EU enlargement : the politics of dissent? / Miriam Aziz -- Europeanization through judicial activism? The Hungarian Constitutional Court's legitimacy and the "return to Europe" / Christian Boulanger -- Barbarians ante portas or the post-communist rule of law in post-democratic European Union / Adam Czarnota -- Transformation and integration of local cultures and discourses--Poland / Marek Zirk-Sadowski -- EU enlargement and the constitutional principle of judicial independence / Daniel Smilov -- Post-communist legal orders and the Roma : some implications for EU enlargement / István Pogány -- A Europe of variable geometry : still a winning model? / Lauso Zagato -- Conclusions: The adhesion of new member states to the European Union and the European constitution / Sergio Bartole.
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
University staff and students only. Requires University Computer Account login off-campus.
Physical Description: 1 online resource (xii, 390 pages) : illustrations.
Bibliography: Includes bibliographical references.
ISBN: 9781402038426
1402038429
1402038410
9781402038419
1280611421
9781280611421
6610611424
9786610611423
Access: University staff and students only. Requires University Computer Account login off-campus.