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EU Rule of Law Procedures at the Test Bench Managing Dissensus in the European Constitutional Landscape
Title
EU Rule of Law Procedures at the Test Bench [electronic resource] : Managing Dissensus in the European Constitutional Landscape / edited by Cristina Fasone, Adriano Dirri, Ylenia Guerra.
ISBN
9783031600081
Edition
1st ed. 2024.
Publication
Cham : Springer Nature Switzerland : Imprint: Palgrave Macmillan, 2024.
Physical Description
1 online resource (XXVII, 299 p.) 7 illus., 4 illus. in color.
Local Notes
Access is available to the Yale community.
Access and use
Access restricted by licensing agreement.
Summary
"This volume is a much-needed contribution to the scholarship covering the rule of law crisis. It is not only an up-to-date and valuable examination of the growingly complex approach by the Union toward the rule of law crisis. It also offers a very intellectually stimulating proposal, bringing together a great ensemble of high-quality chapters around the thought-provoking concept of dissensus as a prism through which to critically approach the varied developments in this field." -Sara Iglesias Sánchez, Professor of EU Law and Administrative Law, Universidad Complutense of Madrid, Spain This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU. Cristina Fasone is Associate Professor of Comparative Public Law at Luiss University, Rome, Italy. Adriano Dirri is Post-Doctoral Fellow in Comparative Public Law at Luiss University, Rome, Italy. Ylenia Guerra is Post-Doctoral Fellow in Constitutional Law at Luiss University, Rome, Italy.
Variant and related titles
Springer ENIN.
Other formats
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Format
Books / Online
Language
English
Added to Catalog
September 11, 2024
Series
Palgrave Studies in European Union Politics,
Contents
Chapter 1: Introduction: Dissensus as a Trigger and as a Consequence of the Rule of Law Crisis in the EU Adriano
Part I :The Instruments Provided by EU Primary Law
Chapter 2.Key political an d legal debates on Article 7 TEU in times of dissensus over the rule of law
Chapter 3. Ordinary weapons for exceptional threats? The infringement procedure and the rule of law crisis
Chapter 4. The Rising Value of the Preliminary Reference Procedure in the Rule of Law Protection
Chapter 5. Granting Rights, preserving the Rule of Law? The Effectiveness of the Charter of Fundamental Rights
Chapter 6: The Cooperation and Verification Mechanism: The end of the Exceptionalism?.-Part II-. The Tools Offered by EU Legislation
Chapter 7: Strengthening the Rule of Law Through Macroeconomic Support: The Technical Support Instrument and Its Precedents
Chapter 8: The Role of OLAF and EPPO in the Protection of the Rule of Law
Part III -. The Effectiveness of Soft Law Tools
Chapter 9. The Shortcomings ofthe Rule of Law Framework and Dialogue
Chapter 10. Measuring Justice? The EU Justice Scoreboard in the Light of the performance-based approach
Chapter 11. The Prospective Impact of the Rule of Law Reports: A tool to be fine-tuned
Part IV - The Economic and Fiscal Leverage
Chapter 12. Enforcing the European Union's Rule of Law through Economic Governance Mechanisms: The Role of the European Semester
Chapter 13. Recent trends and ambiguities of conditionality as an instrument of EU internal governance
Chapter 14. Contesting the Rule of Law in the European Union: The Creation and Implementation of the Rule of Law Conditionality Regulation
Chapter 15. The Recovery and Resilience Facility and its effects on the Rule of Law Conditionality: A (potentially) well-functioning connection
Chapter 16. The role of competition law in defending rule of law values in the EU.
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