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Rule of Law and the Judiciary / Enforcing the independence of national courts by means of EU law
Rule of Law and the Judiciary / Enforcing the independence of national courts by means of EU law
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1–14
Titelei/Inhaltsverzeichnis
1–14
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15–34
Rule of law challenges as integration booster, learning from resilient actors and ambiguities of rule of law by design
Astrid Lorenz, Mattias Wendel
Astrid Lorenz, Mattias Wendel
15–34
Details
1 Introduction
2 Aims and rationale of the volume
3 Structure of the book and chapter findings
4 General findings of the contributions
5 Conclusion
37–76
Part I: Foundations and Challenges
37–76
37–60
Conceptions and perceptions of the rule of law and how studying them can help to resolve the EU rule of law crisis
Astrid Lorenz, Lisa H. Anders
Astrid Lorenz, Lisa H. Anders
37–60
Details
1 Introduction
2 Why rule of law conceptions and perceptions are important
3 The common core of and differences between rule of law conceptions
4 Rule of law perceptions: Concept and methodological approach
5 Rule of law perceptions of judges and politicians in Poland and the Czech Republic
6 Conclusion and outlook
61–76
The future of rule of law in the European Union beyond Polish and Hungarian controversies
Ivo Šlosarčík
Ivo Šlosarčík
61–76
Details
A Czech view
1 Introduction
2 Judicial reform and transformation process before EU accession
2.1 Continuity and discontinuity of the judiciary within democratic transformation
2.2 The efficiency of the courts as a neglected element of economic transformation
2.3 Judicial reform as part of the accession conditionality of the European Union
3 EU requirements for Member States’ courts
3.1 Efficient application of EU law
3.2 Communication with the CJEU and the courts of other EU countries
3.3 Structural requirements for the courts of EU countries
4 EU instruments
4.1 Actions for breaches of EU law before the CJEU
4.2 Article 7 TEU procedure
4.3 Termination of mutual recognition of judicial decisions
4.4 Conditionality of financial transfers in the EU
5 Emerging new EU regulatory domain or only a Polish/Hungarian controversy?
79–164
Part II: Scholarly Perspectives on Judicial Independence
79–164
79–98
Judicial independence in the Czech Republic – Walking on a tightrope
Jan Němec
Jan Němec
79–98
Details
1 Introduction
2 Institutional guarantees and practice of judicial independence in the Czech Republic
2.1 Government, the minister of justice, and their counterparts
2.2 President of the Republic
2.3 The Senate
3 Public trust in the judiciary as a protective shield?
4 Judicial independence in views of Czech judges and politicians
5 Concluding remarks
99–122
German state constitutional courts: the justices
Werner Reutter
Werner Reutter
99–122
Details
1 Introduction
2 Recruitment of justices to state constitutional courts: selection trumps election
3 Parliamentary elections of justices to state constitutional courts: consensus cemocracy trumps majoritarian cemocracy
4 Term length, re-election, end of office, and dismissal: independence trumps everything
5 Demographic makeup of state constitutional courts
6 State constitutional adjudication and justices: tentative conclusions
123–142
Enforcing the independence of national courts by means of EU law
Mattias Wendel
Mattias Wendel
123–142
Details
Standards, procedures and actors as exemplified by the crisis of the Polish judiciary
1 Introduction
2 Standards
2.1 Starting point: The limited scope of application of EU law
2.2 Portuguese judges as saviours of the Polish judiciary
2.3 The independence of national courts as a condition for the success of the European community of law
2.4 Article 19(1) subpara. (2) TEU in its systematic context
2.4.1 Mutual linking with the fundamental right under Article 47(2) CFR
2.4.2 Operationalization of the values from Art. 2 TEU
2.4.3 Effects on the vertical distribution of competences?
3 Procedures and actors
3.1 The Article 7 procedure and the EU framework for strengthening the rule of law
3.2 Proceedings before the CJEU
3.2.1 Infringement proceedings, including proceedings for interim measures
3.2.2 Preliminary reference procedure
3.3 Conditionality mechanism (Regulation 2020/2092)
3.4 Institutional impact
4 Conclusion and outlook
143–164
Judgments and recommendations
Anne Sanders
Anne Sanders
143–164
Details
The Council of Europe’s work protecting the rule of law and judicial independence
1 Introduction
2 Challenges, limitations and cooperation
3 Human rights approach and the rule of law
3.1 Violation of judicial independence from the perspective of parties
3.2 Individual rights of judges
3.3 A systemic approach in the case law
4 Systemic approaches within the Council of Europe
4.1 The Venice Commission
4.2 Consultative Council of European Judges (CCJE)
4.3 Judicial councils
4.3.1 Prevalence in Europe
4.3.2 The Council of Europe and judicial councils
4.3.3 A more nuanced approach
5 Concluding remarks
167–206
Part III: Perspectives from Practice
167–206
167–180
The role of Polish civil society in supporting EU activities as regards protection of judicial independence and other elements of the rule of law
Adam Bodnar
Adam Bodnar
167–180
Details
1 Introduction
2 Judicial independence, the rule of law and the reaction of the European Union
3 Civil society in defence of the rule of law
4 Overcoming obstacles by civil society – fight for the rule of law when the space for operation is shrinking
5 Civil society changing its character as a result of the rule of law crisis
6 Lessons for the rule of law in other EU Member States
181–186
Keynote speech
Klaus Rennert
Klaus Rennert
181–186
Details
1 Personnel issues are power issues
2 Personnel decisions must be subject to democratic legitimation
3 When assuming office, judges are dependent
4 Complex legal systems require professionally excellent judges
5 The judges’ representative bodies ensure professional excellence
6 Proper selection of judges requires ethics of responsibility
187–206
Panel discussion
Bettina Limperg, Joachim Herrmann, Wojciech Piątek, Ivo Šlosarčík
Bettina Limperg, Joachim Herrmann, Wojciech Piątek, Ivo Šlosarčík
187–206
Details
How to overcome the challenges of the rule of law in the EU?
Challenges of the rule of law
Controversy over instruments and options for action
Is there a European culture of the rule of law?
The future of the rule of law
Concluding remarks
207–209
Contributors
207–209
Details
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Rule of Law and the Judiciary , page 123 - 142
Enforcing the independence of national courts by means of EU law
Autoren
Mattias Wendel
DOI
doi.org/10.5771/9783748940999-123
ISBN print: 978-3-7560-0587-1
ISBN online: 978-3-7489-4099-9
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