Defending Checks and Balances in EU Member States Taking Stock of Europe's Actions /

Defending Checks and Balances in EU Member States Taking Stock of Europe's Actions /

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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...

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Bibliographic Details
Corporate Author: SpringerLink (Online service)
Other Authors: von Bogdandy, Armin (Editor), Bogdanowicz, Piotr (Editor), Canor, Iris (Editor), Grabenwarter, Christoph (Editor), Taborowski, Maciej (Editor), Schmidt, Matthias (Editor)
Format: Electronic eBook
Language:English
Published: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2021.
Edition:1st ed. 2021.
Series:Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht, 298
Subjects:
Civil rights.
European communities.
European Fundamental Rights and Freedoms.
Online Access:Link to Metadata
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Table of 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 2015-2016 in the Light of the Rule of Law Principle by Marcin Wiącek
  • Hungary's Latest Experiences with Article 2 TEU: The Need for 'Informed' EU Sanctions by Beáta Bakó
  • 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 Pál 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 EU's 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 Commission's Proposal Legal? by Justyna Łacny
  • 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 Jörg Polakiewicz and Julia Katharina Kirchmayr
  • Part III: Dissecting CJEU's 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 Stanisław Biernat and Paweł Filipek
  • The Rule of Law, Fair Trial and Human Dignity: the Protection of EU Values after LM by Catherine Dupré
  • Drawing Red Lines With No (Significant) Bites - Why An Individual Test Is Not Appropriate in the LM Case by Agnieszka Frąckowiak-Adamska
  • Intermezzo in the Rule of Law Play: The Court of Justice's LM Case by Matteo Bonelli.

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