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How to Assess Rule-of-Law Violations in a State of Emergency? Towards a General Analytical Framework Hague J. Rule Law (IF 2.9) Pub Date : 2024-09-02 Zoltán Szente
According to conventional wisdom, we are living in an era of constant emergencies. The subsequent crises cannot always be handled effectively within the normal legal system, so many countries have introduced some type of emergency, i.e., a special legal regime, to deal with them. However, exceptional power per se poses a threat to democracy, as those in government can use it for their own political
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A Democracy-Friendly Theory of the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2024-08-19 Jeremy Webber
The dominant way of thinking about the rule of law is that it is a constraint, a limit, on government. On this view the limitation applies with full force to all forms of government, democratic and undemocratic, and to both the executive and the legislative branches. The privileged institution for enforcing those limits is the courts. Democracy and the rule of law are, in effect, portrayed as though
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The Shifting Landscape of Judicial Independence Criteria Under the Preliminary Reference Procedure: A Comment on the CJEU’s Recent Case Law and the Trajectory of Article 267 TFEU Hague J. Rule Law (IF 2.9) Pub Date : 2024-08-19 Beatrice Monciunskaite
The preliminary reference procedure forms the foundation of judge-to-judge dialogue in the EU, which has been imperative to the inclusion of member state courts in the Union’s judicial system. In response to the Union’s ever-growing rule of law problem, the CJEU strengthened judicial independence criteria to fortify the Article 2 TEU value of the rule of law. Now, it seems the CJEU’s fight to save
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The Rule of Law and Corporate Actors: Measuring Influence Hague J. Rule Law (IF 2.9) Pub Date : 2024-08-14 Olena Uvarova
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Rebuilding the Rule of Law in the Era of Democratic Backsliding Hague J. Rule Law (IF 2.9) Pub Date : 2024-08-08 Lydia Brashear Tiede
What lessons can be learned from rule of law promotion efforts and how might they be modified to rebuild the rule of law in the era of democratic backsliding? Because many third wave transition countries within the former Soviet sphere and Latin America have experienced attacks on the judiciary, it is paramount to assess the appropriateness of existing rule of law promotion efforts in the current era
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EU Lawlessness Law at the EU-Belarusian Border: Torture and Dehumanisation Excused by ‘Instrumentalisation’ Hague J. Rule Law (IF 2.9) Pub Date : 2024-08-01 Sarah Ganty, Aleksandra Ancite-Jepifánova, Dimitry V. Kochenov
This paper engages with the routine normalisation of mass violations of human rights at the EU–Belarusian border. The direct and indirect victimisation of the racialised ‘other’ on the Eastern border of the Union is a direct extension of the EU-sponsored war on the racialised passport-poor in the Mediterranean. Together, the two form one clear and coherent picture of flagrant mass rights abuse. This
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Confused Constitutionalism in Hungary—New Assessment Criteria for Recognising a Populist Constitutional Court Hague J. Rule Law (IF 2.9) Pub Date : 2024-07-18 Fruzsina Gárdos-Orosz
The starting point of the paper is that the early constitutional changes after the populist transformation of Hungarian majority state politics (from 2010) and the application of the new Fundamental Law (since 2012) have created difficulty in achieving constitutional justice by judicial means. The fundamental populist constitutional transformation and, within this, the transformation of the regulation
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Crisis, Reinterpretation, and the Rule of Law: Repurposing ‘Cohesion’ as a General EU Spending Power Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-24 Peter L. Lindseth, Päivi Leino-Sandberg
The EU Treaties contain no provision akin to the clause in the United States Constitution empowering spending in the ‘general Welfare’, i.e., for the general public good. Nonetheless, supporters of a broad reading of the cohesion flexibility clause, Article 175(3) TFEU, now claim that the EU, in effect, already has that power. The claim is inspired by that clause serving as the sole legal basis for
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Pre-enlargement Reform Failures in the Western Balkans: Social and Economic Preconditions of the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-19 Nedim Hogic
In this paper, I investigate the attempts of the European Union to promote and entrench the rule of law standards in the Western Balkans countries. I examine the failures of legal reforms in key policy areas, such as the regulations of judicial independence, the legislative branch of government, vetting and suppression of corruption, that prevent progress in achieving the rule of law standards. I demonstrate
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Friends or Foes: Is Unamendability the Answer to Democratic Backsliding? Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-12 Silvia Suteu
Unamendability is often viewed as a ‘lock on the door’ that can keep enemies of constitutional democracy out, at least for a time. Unsurprisingly, it has also been invoked as a potential bulwark democratic backsliding. While it may not entirely thwart authoritarian populist takeovers, unamendability – including in the form of basic structure doctrines or constitutional identity review – is said to
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Well-Tempered Power: ‘A Cultural Achievement of Universal Significance’ Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-11 Martin Krygier
According to Laurent Pech, the rule of law was described as a “‘buzzword’ by [Hungary’s] justice minister; a fiction by a Fidesz MP; and a ‘magic word’ by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from Hungary’s (captured) constitutional court, has presented the rule of law ‘as a normative yardstick’ which is little more than an empty nineteenth century ideal
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The Rule of Law Under Pressure: A Transnational Perspective Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-05 Gregory Shaffer, Wayne Sandholtz
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Corruption and Separation of Powers: Where do Prosecutors Fit? Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-04 Mariana Mota Prado, Fabio Kerche, Marjorie Marona
While much attention has been paid to the fact that corruption investigations and prosecutions may jail politicians and high echelons of the civil service, there has been less discussion about the institutional arrangements that may create incentives for prosecuting authorities, and whether and how these fit with the rule of law principle. The status of public prosecutors within the separation of powers
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The Rule of Law: A Slogan in Search of a Concept Hague J. Rule Law (IF 2.9) Pub Date : 2024-06-03 Martin Loughlin
Regularly invoked but rarely defined, ‘the rule of law’ has over the last few decades been converted from a legal term of art into one of the most ambiguous slogans of contemporary public policy. Political scientists claim it as a crucial test of a regime’s legitimacy. Economists maintain that it provides an essential foundation of a flourishing market economy. Philosophers suggest it captures the
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Reinforcing Institutional Power: The Discourse of Normalcy in European Union Governance Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-28 Petr Agha
This paper examines the notion of normalcy within the discourse of the European Union (EU), with a focus on its response to transformative dynamics and challenges, especially post-2008. I analyse how the EU, facing diminishing ideological supremacy, has reinforced its institutional power through the framework of normalcy. By emphasizing constitutionalisation and integration through legal means, bodies
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From Liberal Democracy to Illiberal Populist Autocracy: Possible Reasons for Hungary’s Autocratization Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-28 Gábor Halmai
The paper looks for the main reasons of how was the Hungarian government of the Fidesz Party lead by Prime Minister Viktor Orbán able to within 13 years undermine the independent checks on their power so that it could convert what had looked like a stable but imperfect democracy into an autocracy? After listing the most obvious reasons the paper looks particularly at, how much is the way of a mostly
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Rule of Law and the Criteria for Appointment of Judges: A Case for Judicial Virtues Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-21 Tomasz Widłak
This article seeks to develop a case for a virtue-oriented (or aretaic) approach to the criteria for appointing judges. It will argue for the usefulness of judicial virtue by showing its theoretical relevance for describing and explaining the criteria for selecting judicial candidates and claiming its advantage over the currently used syncretic sets of criteria used in European jurisdictions. The analysis
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EU Enlargement Policy Goes East: Historical and Comparative Takes on the EU’s Rule of Law Conditionality vis-à-vis Ukraine Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-06 Maryna Rabinovych
The article discusses a unique case of the EU’s application of rule of law conditionality vis-à-vis Ukraine, while the latter is in active war with Russia. It is demonstrated that the EU utilized momentum, created by the confluence of the invasion and Ukraine’s EU candidateship, to apply ambitious rule of law conditionality in its relations with Ukraine. Despite the unique strategic and political context
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Quick Fix Solutions-Anticorruption as Core/Peripheral Modality of the ‘Rule of Law’ Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-06 Bogdan Iancu
Anticorruption has become the fulcrum of conditionalities for unstable democracies. In the EU, antigraft packages formed the common denominator of stabilization policies for Romania, Bulgaria, the Western Balkans, Moldova, and Ukraine. Union conditionalities trailed broader international trends and campaigns. The shift led to a crescendo of institutional innovations. Discursively, it generated a degree
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Courts and Populist Electoral Politics – the Case of Hungary Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-06 János Mécs
Elections are devices, through which the abstract concept of representation gains its specified institutional form, therefore they are highly relevant for populists. The paper examines the illiberal-populist project of redesigning the legal framework of elections in Hungary after 2010, focusing on the role of the Hungarian Constitutional Court (HCC) in reviewing electoral law as well as interacting
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Preserving the Rule of Law Through Transnational Soft Law: The Cooperation and Verification Mechanism Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-08 Oana Ștefan
This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the ‘periphery’ proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and
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The Special Procedures of the UN Human Rights Council and the Catalan Secession Process Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-02 Patricia Arias B.
The Special Procedures of the Human Rights Council fulfil their mandates by performing certain tasks as independent experts, with the responsibility to investigate human rights situations wherever they occur. They are required to take measures to monitor and respond quickly to allegations of human rights violations on behalf of the international community. Catalonia’s pro-sovereignty process and the
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Militant Rule of Law and Not-so-Bad Law Hague J. Rule Law (IF 2.9) Pub Date : 2024-05-02 András Sajó
The article provides intellectual arguments and tools from legal dogmatics that can help to counter the rule of law backlash. It argues that resilience can be boosted by a systemic militant rule of law approach. When it comes to restoring the rule of law, legal theory turns to the Radbruch formula (supra-statutory law). This approach remains contested by lawyers who are convinced – following the tradition
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Aristocrats in Arbitration: Did Class Affect Inter-state Arbitration Before or After the 1899 Hague Peace Conference? Hague J. Rule Law (IF 2.9) Pub Date : 2024-04-24 James D. Fry, Arthur L. W. Cheung, Bryane Michael
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The Council of Europe and the Catalan Secessionist Process: The Authoritarian Drift of the Radical Democratic Principle Hague J. Rule Law (IF 2.9) Pub Date : 2024-04-03 Helena Torroja
This study shines a light on the problem of Catalan secessionist leaders’ abuse of the term “democracy”, an issue rarely discussed in the academic debate. The Catalan secessionist case has mainly been studied as a problem concerning the principle of territorial integrity and how it relates to the existence (or otherwise) of a right of self-determination for a substate entity. However, it is also a
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Spain as a Democratic State Governed by the Rule of Law and the Catalan Secessionist Process Hague J. Rule Law (IF 2.9) Pub Date : 2024-04-02 Juan María Bilbao Ubillos
This work begins by recalling the characteristic features of the political system and model of territorial division of power established in the 1978 Spanish Constitution after a complicated but successful process of transition to democracy. Spain was constituted as a politically decentralized, social and democratic state governed by the rule of law, a compromise solution between the centralist tradition
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Public International Law and the Catalan Secession Process Hague J. Rule Law (IF 2.9) Pub Date : 2024-03-21 Antonio Remiro Brotóns, Helena Torroja
This article briefly identifies the aspects of public international law related to the Catalan secession process, bearing in mind that Spain is a constitutional social and democratic state governed by the rule of law and a member of both the European Union (EU) and the Council of Europe (CoE). Over 6 years ago, on 27 October 2017, the regional Catalan Parliament proclaimed the independence of the Autonomous
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Populist Jurisprudence? Examining Selected Case Law of the Polish Constitutional Court After 2016 Hague J. Rule Law (IF 2.9) Pub Date : 2024-03-11 Michał Stambulski
Since the parliamentary elections in 2015 and the subsequent change in the personal composition of the Polish Constitutional Court, this institution is in crisis. The Court, once one of the main guardians of the rule of law and a model for the constitutional judiciary in the region of Central and Eastern Europe, is criticized. Judges are accused of lack of proper appointment and party subordination
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Reclaiming Political Rights During a Rule of Law Crisis: The Role of the UN Human Rights Committee Hague J. Rule Law (IF 2.9) Pub Date : 2024-03-06 Jessica Almqvist
How should democratic states approach and respond to secessionist movements using tactics contrary to the constitution to achieve their goals? What is the role of international human rights mechanisms in these processes? This article sheds light on these questions by examining how the UN Human Rights Committee approached and assessed two complaints that came before it in the wake of the Catalan Declaration
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The European Union’s Response to the Catalan Secessionist Process Hague J. Rule Law (IF 2.9) Pub Date : 2024-03-06 Araceli Mangas
Article 4.2 TEU enshrines the EU’s respect for the exclusive right of each Member State to ensure its territorial integrity. No EU Member State allows referendums for part of the population to decide on the national territory. The Commission and European Council have recognized that the effect of a secession in a Member State is to leave the new state outside the EU. Whether or not European citizenship
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Informal Concentration of Powers in Illiberal Constitutionalism: The Case of Hungary Hague J. Rule Law (IF 2.9) Pub Date : 2024-03-06 Zoltán Pozsár-Szentmiklósy
Classic and new concepts of the separation of powers doctrine focus on the control of central political power. Institutional checks and balances are classic legal instruments of this control, especially the activity of independent state organs. In those countries where the political system is dominated by a populist government, the institutional checks and balances and independent institutions are
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International and European Institutions and Catalan Nationalism Hague J. Rule Law (IF 2.9) Pub Date : 2024-02-29 Rafael Arenas García
The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia
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Private Power, the Rule of Law and the European Union Hague J. Rule Law (IF 2.9) Pub Date : 2023-11-14 Jacquelyn Veraldi
Discussions related to the rule of law in the European Union have been dominated by a focus on rule of law infringements by public actors. However, in recent years scholars have begun exploring the relevance of the rule of law to private actors. That is the focus of this piece, which highlights that, because the core of the rule of law is about limiting the arbitrary exercise of power by those that
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Amnesties, Transitional Justice and the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2023-11-03 Patrick Lenta
The aim of this paper is to assess an objection to amnesties conferred in transitional justice contexts: that they violate the rule of law. The paper begins by setting out the objection and presenting three possible replies to it. Each is argued to be unsatisfactory. The central contention of the paper, namely that the success of the objection depends on amnesties’ terms and the reasons for which they
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EU Responses to the Democratic Deficit and the Rule of Law Crisis: Is It Time for a (New) European Exceptionalism? Hague J. Rule Law (IF 2.9) Pub Date : 2023-08-14 Roila Mavrouli, Arnaud Van Waeyenberge
The European 'messianic' project was not particularly concerned with democracy or human rights, but rather sought 'legitimacy' in the nobility of its cause. However, when failure struck during the Euro-crisis, many sources of legitimacy suddenly collapsed. Similarly, failure struck the rule of law principle, demonstrating its precariousness and weak source of legitimation. The strong waves of de-europeanisation
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A Primacy of Privileges? Urban Constitutionalism, the Rule of Law and Late Medieval Bruges Hague J. Rule Law (IF 2.9) Pub Date : 2023-08-03 Niels Fieremans
This article explores the possibilities and limits of urban constitutionalism and its relation to the rule of law for fifteenth century Bruges. Late medieval Bruges was a city of great prominence where several important trade flows came together. Providing adequate justice was a top priority for the aldermen. Scholars have traditionally stressed the importance of privileges in providing this security
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Rule of Law Through the ‘Urban Turn’ in South African Constitutionalism Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-31 Marius Pieterse
The 1996 South African Constitution transformed municipalities from creatures of statute into an interdependent sphere of government, thereby enabling South African cities to carve out a space for autonomous urban governance, which is closely associated with the progressive realisation of socio-economic rights. This article considers how South African courts have deployed, reconfigured and channelled
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The Scope of City Autonomy in the Constitutions of the Netherlands and the United Kingdom: Informality, Subsidiarity, Identity Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-31 Gert Jan A. Geertjes
One of the main issues in the debate on urban constitutionalism is how constitutions can recognize the increasingly important role of cities in relation to the nation-state. This paper examines what we talk about when we talk about city autonomy. This is a pressing question, particularly in the context of European unitary states. This paper pays special attention to the context of two of such states
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Urban Constitutionalism and the Rule of Law: Historical Perspectives and Contemporary Challenges Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-25 M. Adams, D. De Ruysscher, M. L. P. Groenleer, G. Leenknegt, G. van der Schyff
The 21st century may safely be called the ‘urban era’. The year 2007 marked the moment when for the first time in modern history, over 50% of the world’s population lived in urban areas. By the year 2050 almost 70% of humanity is projected to be urban, i.e., a human settlement with usually a high population density and an infrastructure of built environment. While the role of large cities, metropolitan
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The Rule of Law in Cities of the Medieval Low Countries: Community-Building in Context Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-25 D. De ruysscher
Urban communities were established in the twelfth and thirteenth century with the aid of legal concepts that comprised early notions of the rule of law. Cities were envisaged as “communes”, which referred to popular sovereignty. In a first period, urban citizenship was flexible and closely related to place of residence. From around 1220 this model came under increasing pressure. In order to safeguard
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Was There a Rule of Law in Early Modern Amsterdam? Mercantile Customary Law as a Test Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-24 Marco in ‘t Veld
This contribution intends to shed light on the development of the rule of law, particularly by questioning the existence of such rule of law in early modern Amsterdam. In literature, thinner and thicker definitions are given, mostly presented as a continuum. This contribution will focus on mercantile customary law as it is a legal source that hardly fits in the literature-based categories. The importance
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Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR Hague J. Rule Law (IF 2.9) Pub Date : 2023-07-05 Marcin Szwed
This article seeks to answer the question of how to deal with the problem of unlawful judicial appointments in Poland in a way consistent with the European Convention on Human Rights (ECHR). According to the Polish Constitution, appointments of judges are made upon the request of the National Council of the Judiciary (NCJ). After controversial reforms in 2017, this body lost its independence from politicians
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Market-Engaging Institutions: The Rule of Law, Resilience and Responsiveness in an Era of Institutional Flux Hague J. Rule Law (IF 2.9) Pub Date : 2023-04-24 Nandini Ramanujam, Francesca Farrington
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Maritime Rule of Law: Some Preliminaries Hague J. Rule Law (IF 2.9) Pub Date : 2023-03-15 Michael Sevel
Can there be rule of law at sea? In extending the traditionally terrene ideal seaward, there are a range of conceptual difficulties. These difficulties are outlined, and a recurring thought pattern is set out that is found in the traditions of thought about the rule of law as protecting members of a community from the abuse of power. Drawing on Jeremy Bentham’s scattered remarks about maritime governance
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Academic Freedom as a Defensive Right Hague J. Rule Law (IF 2.9) Pub Date : 2023-01-09 Monika Stachowiak-Kudła, Sina Westa, Catarina Santos Botelho, Ildikó Bartha
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The Rule of Law as a Constitutional Mandate for the EU Hague J. Rule Law (IF 2.9) Pub Date : 2022-12-08 Werner Schroeder
The rule of law and the other values contained in Article 2 of the Treaty on European Union (Art 2 TEU) comprise the constitutional identity of the European Union (Union). These values form part of the Union’s very foundation. Art 3(1) and (6) TEU, in conjunction with Art 2 TEU, declare the Union’s aim to promote and pursue the rule of law as one of its core values. These provisions indicate that the
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The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 Hague J. Rule Law (IF 2.9) Pub Date : 2022-12-05 Agnieszka Sołtys
The current crisis in the relationship between the Polish Constitutional Court and the Court of Justice of the European Union (ECJ) is of crucial significance for the process of regional integration based on the values of liberal democracy taking place in the EU. The constitutional crisis in Poland that began in the end of 2015 has challenged the systemic position of the Polish Constitutional Court
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Playbook of Subnational Illiberalism: Autocrats Face the Opposition-led Local Governments Hague J. Rule Law (IF 2.9) Pub Date : 2022-11-21 Mariam Begadze
Recognizing the growing tensions between autocrats in the center and opposition-led local governments in Hungary, Poland and Turkey since 2018–2019 local elections, the article contributes to existing literature on illiberal democracies with a subnational portion of illiberal playbook. Tactics identified through the detailed study of the European context and brief review of Latin American experience
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The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-11-09 Barbara Grabowska-Moroz
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Enforcement of a Formal Conception of the Rule of Law as a Potential Way Forward to Address Backsliding: Hungary as a Case Study Hague J. Rule Law (IF 2.9) Pub Date : 2022-11-09 Petra Bárd, Viktor Zoltán Kazai
The rule of law as a foundational value of European integration has been taken for granted in the Member States, along the presumption that “once a democracy, always a democracy”. This optimistic presumption proved to be wrong, when in the 2010s a top-down and systemic decline in the rule of law started, first in Hungary, then in Poland. Even though EU action against rule of law backsliding in the
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Triangulation of Theoretical and Empirical Conceptualizations Related to the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-11-03 Filip Horák, David Lacko
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The Rule of Law in a State of Disaster: Evaluating Standards for the Promulgation, Administration and Enforcement of Emergency Regulations in South Africa Hague J. Rule Law (IF 2.9) Pub Date : 2022-09-26 Felix Dube
This paper applies the rule of law test to emergency regulations adopted to combat a national disaster in South Africa. A declaration of a national state of disaster, such as a pandemic, triggers emergency powers which enable the executive to mitigate the disaster, assist and protect the public, provide relief, and protect property. However, emergency powers provide a pretext for the executive to limit
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Form and Flexibility: The Normalisation of ‘Magnitsky Sanctions’ in the Face of the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-07-25 Lorenzo Pasculli, Ben Stanford
So-called ‘Magnitsky laws’ in various jurisdictions are turning unilateral sanctions into normalised instruments for the international promotion of the rule of law. However, the considerable regulatory and executive flexibility introduced by these laws is at strain with the fundamental requirements of the rule of law, both domestically and internationally. Despite a growing literature on sanctions
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The Challenge of Catalan Secessionism to the European Model of the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-07-12 Gisela Hernández, Carlos Closa
Far from being an abstract concept, international, European, and Spanish legal orders clearly conceptualize “rule of law”. Catalan secessionism, appealing to the democratic principle, challenged the common understanding of rule of law in the period between 2012 and 2017. This article offers a detailed explanation on how secessionism fundamentally disregarded the common understandings of the rule of
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Gender Inequality and the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-07-11 Eduardo Barajas-Sandoval, Helena Botero-Pinzón, Juan Carlos Botero, Angela Maria Pinzón-Rondón, Angela Maria Ruiz-Sternberg
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The Rule of Law as a Well-Established and Well-Defined Principle of EU Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-06-28 Laurent Pech
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Re-Imagining Customary Justice Systems: Interrogating Past Assumptions and Entertaining New Ones Hague J. Rule Law (IF 2.9) Pub Date : 2022-06-20 Erica Harper, Yann Colliou
In the early 2000s, the justice community of practice began to examine the role of customary justice systems in advancing development. This triggered a wave of research by policy and programming agencies, aimed at crafting a narrative for engagement and identifying entry points. The decades of programming that followed closely reflected these research outcomes. This paper revisits this research by
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It Never Rains but it Pours. The Polish Constitutional Tribunal Declares the European Convention on Human Rights Unconstitutional Hague J. Rule Law (IF 2.9) Pub Date : 2022-06-04 Adam Ploszka
This article deals with a new development in the jurisprudence of Poland’s Constitutional Tribunal: the Tribunal’s finding that art. 6 of the European Convention on Human Rights is incompatible to some extent with the Polish Constitution. The Tribunal ruled thus for the first time in its judgment of 24 November 2021 in case ref. K 6/21 in a reaction to the European Court of Human Rights judgment in
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Reconciling the Theory and the Practice of the Rule of Law in the European Union Measuring the Rule of Law Hague J. Rule Law (IF 2.9) Pub Date : 2022-04-13 Julinda Beqiraj, Lucy Moxham
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EU Enlargement in Disregard of the Rule of Law: A Way Forward Following the Unsuccessful Dispute Settlement Between Croatia and Slovenia and the Name Change of Macedonia Hague J. Rule Law (IF 2.9) Pub Date : 2022-03-28 Elena Basheska
EU enlargement has always been a political process. That said, the rule of law is an important aspect and principle of the EU enlargement policy. Implementation of EU driven reforms in candidate countries largely depends on the rule of law-based enlargement as well as on a clear EU perspective. Overpoliticisation of the enlargement process renders the EU’s enlargement law futile and undermines both