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The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509915057
  • 出版时间 April 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
HKD 1,125.00
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  • 描述 
  • 大纲 
  • 详细

    Since 2010 the European Union has been plagued by the crises of the rule of law and democracy, which has been spreading from Central and Eastern Europe and has caught many by surprise. Unjustly so. This book argues that the professed success of the 2004 big bang enlargement was in many respects mirroring only the Potemkin village erected in the new member states on their way back to Europe. The spearheading country of the Potemkin village has been Slovenia. Since its independence and throughout the accession process, Slovenia was portrayed as the best disciple and as a poster-child of the New Europe.

    This book claims that the widely shared narrative of the Slovenian EU dream has, unfortunately, been just a myth. In many ways, Slovenia fares even worse than its contemporary constitutionally-backsliding CEE counterparts. The understanding of the depth and breadth of the rule of law and democracy crises in Slovenia, the authors of this book hope, will also contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE member states, which threaten the viability of the EU and the Council of Europe projects as such. It is only on the basis of such better understanding that the causes of the crises could be more accurately identified and, consequently, also more appropriately addressed on the national, transnational and supranational level.

  • 1. Constitutional Backsliding in Central and Eastern Europe in Lieu of Back to Europe
    I. Introduction
    II. The Argument of this Book
    III. Acknowledgments
    2. The Genesis of Slovenian Constitutional Democracy
    I. A People that Came from Nowhere
    II. The Road to Independence and Construction of a New Constitutional Legal Order
    III. Slovenia as a Constitutional Democracy
    IV. The Sociology of Slovenian Constitutional Order
    V. A Semi-Permanent Transition and the New Normal
    3. Historical Reasons for Failures of the Rule of Law and Constitutional Democracy in Slovenia
    I. Introduction
    II. The Pitfalls of the Past
    III. Transitional Justice Measures
    IV. The Impact of the Unresolved Past on the Rule of Law and Democracy
    V. Conclusion
    4. The (Non) Reforms of Slovenia's Economy
    I. Introduction
    II. Slovenia's Economy in the 19th and the Early 20th Century
    III. The Centrally Planned Times of the SFRY and the Pretransition Era
    IV. State of Play after Independence
    V. The Crash: The 2008 Global Financial Crisis
    VI. Differences in Some Policies
    VII. Analysis of Different Economic Concepts
    VIII. Conclusion
    5. The Current Crises of Human Rights Protection, the Rule of Law and Democracy in Slovenia
    I. Introduction
    II. The Current Crises of Human Rights Protection in Slovenia
    III. The Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
    IV. Theorising Reasons for the Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
    V. Conclusion
    6. The Judiciary and the Rule of Law in Slovenia
    I. Introduction
    II. Systemic Violation of the Right to a Trial in a Reasonable Time
    III. Challenges to Judicial Independence
    IV. Impartiality of the Judiciary
    V. Ordinary Courts and Human Rights Protection
    VI. Distrust of the Judiciary
    VII. Conclusion
    7. The Vicious Circle of Slovenian Democracy
    I. Introduction
    II. Three Crises of Input Legitimacy
    III. The Crisis of Throughput Democratic Legitimacy
    IV. The Crisis of Output Legitimacy
    V. Conclusion
    8. Freedom of Press under Stress in Slovenia
    I. Introduction
    II. The Constitutional and Institutional Frameworks of Press Freedom in Slovenia
    III. Freedom of the Press under Stress in Slovenia
    IV. Overall Assessment
    V. Conclusion
    9. Welfare State and Solidarity in Slovenia
    I. Introduction
    II. (In)equality, Equal Capabilities and Socioeconomic Livehoods in Slovenia
    III. The Normative Protections of Welfare State and Socioeconomic Rights in Slovenia
    IV. Regional Inequality in Slovenia
    V. The Impact of Weak Rule of Law and Constitutional Democracy on the Level of Welfare State and
    Socioeconomic Rights in Slovenia
    VI. The Future of the Welfare State and Human Development in Slovenia
    VII. Conclusion
    10. The Influence of the Council of Europe on the Rule of Law in Slovenia
    I. Introductory Remarks
    II. The European Commission for Democracy through Law
    III. The Commissioner for Human Rights of the Council of Europe
    IV. The European Court of Human Rights
    V. Conclusion
    11. The Impact of the European Union on Constitutional Democracy in Slovenia
    I. Pre-Accession Phase
    II. Poster-Child Membership Phase
    III. Post-Crisis Phase
    IV. Conclusion
    12. The Case for a Resilient Constitutional Democracy
    I. The Concentric Circles of Western Democratic Decay
    II. In Pursuit of a Resilient Constitutional Democracy
    III. Why is the East More Fragile than the West?
    IV. Democratic and Academic Decay
    V. Making the Case for a Resilient Constitutional Democracy
    VI. What Can the Council of Europe Add to its Existing Activities to Strengthen the Resilience of Constitutional
    Democracy in CEE Countries?
    VII. By Way of Conclusion: Concrete Proposals for the Reform of Slovenia's Constitutional Democracy

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