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 / edited by Wojciech Sadurski, Adam Czarnota, and Martin Krygier.

Format:

Book

Contributor:

Sadurski, Wojciech, 1950-

Czarnota, Adam W.

Krygier, Martin.

Language:

English

Subjects (All):

European Union--Membership.

European Union.

Democratization--Europe, Eastern.

Democratization.

Eastern Europe.

Regionalism (International organization).

Physical Description:

xii, 390 pages : illustrations ; 25 cm

Other Title:

Impact of EU enlargement on the rule of law, democracy and constitutionalism in post-communist legal orders

Place of Publication:

Dordrecht : Springer, [2006]

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 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 to promote and consolidate democracy and human rights?

Contents:

Part I Democratic Institutions and Practices

1 EU Enlargement and Democracy in New Member States / Wojciech Sadurski 27

2 The Eastern EU Enlargement and the Janus-Headed Nature of the Constitutional Treaty / Vittorio Olgiati 51

3 A Problem of Their Own, Solutions of Their Own: CEE Jurisdictions and the Problems of Lustration and Retroactivity / David Robertson 73

4 Citizens and Foreigners in the Enlarged Europe / Enrica Rigo 97

5 Sub-National Governance in Central and Eastern Europe: Between Transition and Europeanization / Gwendolyn Sasse, James Hughes, Claire Gordon 121

6 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 149

Part II Constitutionalism

7 Becoming "Europeans": The Impact of EU "Constitutionalism" on Post-Communist Pre-Modernity / Andras Sajo 175

8 Happy Returns to Europe? The Union's Identity, Constitution-Making, and Its Impact on the Central European Accession States / Jiri Priban 193

9 An Evolutionary Approach to the Constitutionalism of an Enlarged EU: Why Will Cognitive and Cultural Boundaries Matter? / Daniela Piana 219

10 Constitutional Tolerance and EU Enlargement: The Politics of Dissent? / Miriam Aziz 237

11 Europeanization Through Judicial Activism? The Hungarian Constitutional Court's Legitimacy and the "Return to Europe" / Christian Boulanger 263

Part III The Rule of Law

12 Barbarians Ante Portas or the Post-Communist Rule of Law in Post-Democratic European Union / Adam Czarnota 283

13 Transformation and Integration of Legal Cultures and Discourses-Poland / Marek Zirk-Sadowski 299

14 EU Enlargement and the Constitutional Principle of Judicial Independence / Daniel Smilov 313

15 Post-Communist Legal Orders and the Roma: Some Implications for EU Enlargement / Istvan Pogany 335

16 A Europe of Variable Geometry: Still a Winning Model? / Lauso Zagato 357

Conclusions: The Adhesion of New Member States to the European Union and the European Constitution / Sergio Bartole 381.

Notes:

Includes bibliographical references.

ISBN:

1402038410

OCLC:

69021669

Publisher Number:

9781402038416