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Democracy and Judicial Reforms in South-East Europe
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhib...
Networking the Rule of Law
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Past and Present Migration Challenges
This edited collection sheds light on the complex nature of migratory movements through the lens of economic and social history. It addresses a variety of migration issues involving Europe and the Americas in order to offer new insights on past and future migration and integration policies. The volume comprises multi-disciplinary research from both continents dealing with the economic, political, demographical and sociological impact of migration. This interdisciplinary approach aims to stimulate intellectual dialogue on the migration phenomenon among the international community of scholars in Europe and North and South America. It is divided into three parts, which offer an essential contribution to the issue of migration and aim at better understanding the effect that different forms of migration have had and will continue to exert on economic and social change in receiving countries. This book is a valuable resource for a wide audience including academics, students in the economic and social sciences, and government and EU officials working with migration topics.
Judicial Independence in Transition
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
East European Faces of Law and Society: Values and Practices
This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.
Challenged Justice: In Pursuit of Judicial Independence
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
National Courts and EU Law
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Law, Culture and Identity in Central and Eastern Europe
Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
International Actors, Democratization and the Rule of Law
Do external factors facilitate or hamper domestic democratic development? Do international actors influence the development of greater civil and political freedom, democratic accountability, equality, responsiveness and the rule of law in domestic systems? How should we conceptualize, identify and evaluate the extent and nature of international influence? These are some of the complex questions that this volume approaches. Using new theoretical insights and empirical data, the contributors develop a model to analyze the transitional processes of Romania, Turkey, Serbia and Ukraine. In developing this argument, the book examines: the adoption, implementation and internalization of the rule of...
Judicial Accountabilities in New Europe
This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.
