Spreading Democracy and the Rule of Law?: The Impact of EU Enlargemente for the Rule of Law, Democracy and Constitutionalism in Post-Communist Legal Orders

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Wojciech Sadurski, Adam Czarnota, Martin Krygier
Springer Science & Business Media, 2006 M07 30 - 390 pages

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

 

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Contents

EU ENLARGEMENT AND DEMOCRACY IN NEW MEMBER
25
THE EASTERN EU ENLARGEMENT AND
51
CITIZENS AND FOREIGNERS IN THE ENLARGED
97
SUBNATIONAL GOVERNANCE IN CENTRAL
121
THE COPENHAGEN CRITERIA AND THE EVOLUTION
148
THE IMPACT OF
173
HAPPY RETURNS TO EUROPE? THE UNIONS IDENTITY
193
AN EVOLUTIONARY APPROACH TO
219
CONSTITUTIONAL TOLERANCE AND
237
EUROPEANIZATION THROUGH JUDICIAL ACTIVISM?
262
BARBARIANS ANTE PORTAS OR THE POSTCOMMUNIST
283
TRANSFORMATION AND INTEGRATION OF LEGAL
298
EU ENLARGEMENT AND THE CONSTITUTIONAL
313
STILL A WINNING
357
THE ADHESION OF NEW MEMBER STATES
380
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