Format:
1 Online-Ressource (301 Seiten)
Edition:
1st ed
ISBN:
9783030973674
Series Statement:
Palgrave Studies in European Union Politics Series
Note:
Description based on publisher supplied metadata and other sources
,
Intro -- Acknowledgements -- Contents -- About the Author -- Abbreviations -- List of Figures -- List of Tables -- Chapter 1: The Gradual Establishment of an EU Rule of Law Policy in Times of Dissensus -- 1.1 Introduction -- 1.2 The Assault on Judicial Institutions on the Agenda of the EU -- 1.3 More than an Assault: A Clash of Liberal and Anti-liberal Ideas -- 1.4 Irreconcilable Conceptions of Power, Authority, and Sovereignty -- 1.5 The EU's Rule of Law Policy and Tools -- 1.6 The Politics of the Rule of Law in Times of Dissensus -- 1.7 Who Shapes the EU's Rule of Law Policy, and How? -- The Rule of Law Policy in the Shadow of the New Intergovermentalism -- The Rule of Law Policy and the New Supranationalism -- The Rule of Law and the New Parliamentarism -- Change Over Time and Dynamic Institutional Relationships -- 1.8 Structure of the Book -- Data and Methodology -- References -- Chapter 2: The Core Dimensions of the Rule of Law: From Consensus to Dissensus -- 2.1 Introduction -- 2.2 The Rule of Law, a Multi-dimensional Concept Rooted in Different Traditions -- Control and Checks and Balances -- Consent: Who Decides Who Decides? -- Thin and Substantive Understandings -- 2.3 The Rule of Law in the Constitutions of the EU Member States -- 2.4 The Value of the Rule of Law and Independent Courts -- 2.5 Principled Consensus: Global Commitment and the Rise of a Paradigm -- 2.6 An Analytical Grid: Consensus, Dissensus, and Contestation Over the Rule of Law -- Dissensus -- Experienced-Based Contestation -- 2.7 Conclusion -- References -- Chapter 3: From the Constitutionalisation of Values to the Question of Enforcement -- 3.1 Introduction -- 3.2 From a Community Shape by Law to a Community of Rights and Values -- 3.3 The Legitimacy Gaps of Article 7 TEU: From Discursive Consensus over Values to Institutional Divides
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3.4 From the Copenhagen Declaration to the Copenhagen Criteria: The Establishment of a Rule of Law Governance -- 3.5 Conclusions -- References -- Chapter 4: The Commission's Rule of Law Soft Tools: Towards the Establishment of a Monitoring Regime? -- 4.1 Introduction -- 4.2 The Commission: A Constrained Policy Entrepreneur? -- 4.3 Anchoring Justice Systems Reforms in EU's Economic Governance: The Justice Scoreboard and the European Semester -- Agency Seeking: The Expert Power of the Commission in Assessing the Efficiency, Quality, and Independence of Justice Systems -- Agenda-Setting Through Soft Tools: The European Semester -- Constructing Consensus over Justice Reforms in the European Semester -- An Instance of Dissensus: The Political Use of the Semester to Safeguard the Rule of Law in Poland -- 4.4 Strengthening the Commission's Procedural Authority: The Rule of Law Framework -- Contested Legality -- The Formalisation of the Pre-Article 7 TEU Procedure -- In the Middle of Dissensus: The Commission's Dialogue with Poland or the Meeting of Law, Politics, and Technocracy -- 4.5 Conclusions -- References -- Chapter 5: The European Parliament: How Coalition Formation and Internal Group Dynamics Shape EU's Rule of Law Policy? -- 5.1 Introduction -- 5.2 Consensus, Contestation, and Dissensus. Explaining Legislative Politics Through MEPs Behaviour -- 5.3 Coalition Patterns of Dissensus and Contestation in Triggering Rule of Law Policy Tools -- Triggering Article 7 TEU Against Hungary: The EPP's Strategic and Discursive Coalition with the "Untidy" Right -- The EPP's Support for the Bulgarian GERB -- The Slow Detachment of the S& -- D from Their Romanian Members: Discursive Coalitions in Reverse -- The EPP-S& -- D Clash over the Rule of Law in Malta -- Less Contestation and Dissensus: A Grand Coalition Against PiS.
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Renew's Limited Support to Its Czech ANO 2011 Member -- 5.4 Reaching Consensus. Working to Establish an EU Mechanism for Democracy, the Rule of Law, and Fundamental Rights -- From the Establishment of a Copenhagen Commission to the EU Mechanism on Democracy, the Rule of Law, and Fundamental Rights -- Polarised Views on the Rule of Law Governance -- The EU Mechanism on Democracy, the Rule of Law, and Fundamental Rights -- 5.5 Conclusion -- References -- Chapter 6: The Rule of Law Debate in the Council: Weak Consensus and Impossible Deliberation and Persuasion in Times of Dissensus and Contestation -- 6.1 Introduction -- 6.2 Member States' Coalitions on the EU's Rule of Law Policy -- 6.3 The Annual Rule of Law Dialogue in the Council: A Belgo-German Initiative -- 6.4 Article 7 TEU Hearings in the Council: A Clear Expression of the East-West Divide? -- Article 7 TEU Hearings with Poland -- Confrontational Article 7 TEU Hearings with Hungary -- Two Different Styles and Irreconcilable Positions -- 6.5 Conclusion -- References -- Chapter 7: The European Council's Role in Day-to-Day Decision-Making: Increasing the EU's Authority Through a General Regime of Conditionality (Regulation 2020/2092)? -- 7.1 Introduction -- 7.2 A Political Proposal Initiated by a Political Commission: Towards Another Article 7 TEU? -- Mainstreaming Conditionality to Bolster the EU's Authority: A Divisive Idea "dans l'air du temps" in European Capitals -- The Commission's Initial Ambitions -- Towards a Definition of Rule of Law Rooted in Intellectual Traditions and CJEU Case Law -- A Supranational Decision-Making Framework for a General Regime of Conditionality -- 7.3 The Major Shift: The Political Ambitions of the Commission Tempered by the Council Legal Service -- 7.4 From Legal Reluctance in the Council to Consensus in the EP.
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In Search of a Role for the EP, Experts, and National Parliaments -- Safeguarding the Interests of Beneficiaries: Only Legitimate Interests However -- 7.5 From Technical Issues to Political Guidance from the European Council -- Compromises on Technical Issues Under the Romanian Presidency -- The July 2020 European Council: Agreement or Not on the Rule of Law Conditionality? -- The German Proposal: How to Reconcile Irreconcilable Positions? -- 7.6 The Final Game: Who Gets What and How? -- What Was Non-negotiable -- What the EP Wanted and What It Obtained -- What the Commission Wanted -- The Leaders Take All Again: The Controversial Conclusions of the December 2020 European Council -- The Commission's Adoption of Guidelines: Obedient or Independent? -- 7.7 Conclusion -- References -- Chapter 8: When Civil Society Engages with the EU's Rule of Law Policy-Making: Towards a More Substantive Understanding? -- 8.1 Introduction -- 8.2 Civil Society and the Rule of Law: Engaging with the Commission in European Consultations -- The 2013 Consultation: Les Assises de la Justice -- Calling on the EU for a Comprehensive Human Rights Policy -- 2019 Consultation on the Rule of Law -- The Question of Definition: What Is the Rule of Law Anyway? -- The Rule of Law Substance: Rights and Social Welfare -- Control: Contrasting Views over the Rule of Law Governance Beyond Supranational Versus Intergovernmental Designs -- Legality at the Core of Dissensus -- 8.3 European Citizens' Initiatives: Participatory Tools to Give Meaning to Rights? -- Wake up Europe: The 2015 ECI on Democratic Backsliding in Hungary -- The 2019 ECI for the Respect for the Rule of Law Within the European Union -- An Unsuccessful ECI, a Failure? -- 8.4 Conclusion -- References -- Chapter 9: Ten Years on, What Then Is the Outcome? Consensus, Dissensus and Contestation over the Rule of Law
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9.1 Introduction -- 9.2 A Twofold Foundational Conflict -- 9.3 Contesters, Dissenters, and Consenters: What Are They Fighting for? -- 9.4 Who Governs? -- 9.5 From Soft to Hard Policy Tools and from Governance to More Integration in Core State Powers -- References -- Index
Additional Edition:
Erscheint auch als Druck-Ausgabe Coman, Ramona The Politics of the Rule of Law in the EU Polity Cham : Springer International Publishing AG,c2022 ISBN 9783030973667
Language:
English
Subjects:
Political Science
Keywords:
Europäische Union
;
Rechtsstaatsprinzip
;
Politik
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