Download Spreading Democracy and the Rule of Law?: The Impact of EU by Martin Krygier (auth.), Wojciech Sadurski, Adam Czarnota, PDF

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By Martin Krygier (auth.), Wojciech Sadurski, Adam Czarnota, Martin Krygier (eds.)

The accession of 8 post-communist nations of valuable and jap Europe (and additionally of Malta and Cyprus) to the ecu Union in 2004 has been heralded as possibly crucial improvement within the background of eu integration to this point. whereas the effect of the growth at the constitutional constructions and practices of the european has already generated a wealthy scholarly literature, the impression of the accession on constitutionalism, democracy, human rights and the rule of thumb of legislation one of the new member states has been principally neglected. This e-book fills this hole, and addresses the query of the implications of the "external strength" of ecu growth upon the knowledge and perform of democracy and the guideline of legislations and between either the most legal-political actors and most of the people within the new member-states. a couple of major criminal students, sociologists and political scientists, either from principal and japanese Europe and from outdoor, tackle those matters in a scientific and significant manner. Taken jointly, those essays support solution a basic query: does the ecu Union have the potential for selling and consolidate democracy and human rights?

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Extra info for 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

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However, there are other grounds that can be used by constitutional courts in new Member States to mark their activism. As a foretaste of what may follow one can consider the Hungarian Constitutional Court’s decision of 1998 regarding the Europe Agreement, in which it held that the acquis had no direct effect before accession or its explicit implementation by national statutes, and in which it, in effect, dictated the need for constitutional amendment preceding accession. 36 The Court stated that The constitutional issue is whether the norms of the domestic law of another subject of international law, another independent system of public power and autonomous legal order .

Here the EU had followed the policy of the OSCE and its High Commissioner on National Minorities (HCNM). As early as December 1993 the EC made it clear that Latvia would have to change its citizenship law if it wanted to be admitted, and in the 1997 Opinion on the applicant countries, the European Commission reiterated the concerns of the HCNM regarding then position of the Russian-speaking minority in Latvia. As a result of these combined pressures, Latvia kept gradually changing its naturalization and state language laws, initially in a way judged unsatisfactory by the West, but eventually in conformity with EU demands, thus opening the way to accession negotiations.

The overall system of incentives created by the EU put a premium on efficiency over democracy in the accession process. However, the picture was not as bleak as presented thus far. Whilst there has undoubtedly been a shift in power to the executive, there have been also factors pointing in the other direction. For one, the EU has on occasion acted to control abuses by the executive in candidate states. pdf, p. 63. ), The Enlarged European Union: Diversity and Application (London: Frank Cass 2002), pp.

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