Download or read book Democracy and Judicial Reforms in South East Europe written by Cristina Dallara and published by Springer. This book was released on 2014-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
Download or read book EU Rule of Law Promotion written by Marko Kmezic and published by Taylor & Francis. This book was released on 2016-10-14 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative reforms in South Eastern European states written by Ani Matei and published by GRIN Verlag. This book was released on 2010-09 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wissenschaftliche Studie aus dem Jahr 2010 im Fachbereich Politik - Internationale Politik - Region: Südosteuropa, Balkan, University of Bucharest (Faculty of Public Administration, National School of Political Studies and Public Administration), Sprache: Deutsch, Abstract: The accession to the EU and enlargement of the European integration process have determined profound reforms in the European countries area, reforms gravitating around the objective nucleus represented by observing the fundamental principles of democracy, separation of powers and respect for the rule of law. Reform is considered as a fundamental part of a national effort to improve efficiency as diverse as Greece (Michalopoulos, 2003), increasing the competence and effectiveness of public administration, increasing the expertise, professionalism, knowledge and transparency (Slovenia, Romania, Bulgaria, Croatia). The year 1990 represented the start of founding the decentralised system, marked by legislative, institutional, political, economic reforms. The states analysed have represented the arena of the reforms in the administrative and judicial systems, some states have been interested to continue their preoccupations in view to implement the Community legislation into their domestic legislation, as well as to review and adapt to the specific European developments and requirements, while other states have been interested in the progress process in view of accession (Croatia) or in adopting a collection of laws, strategies and action plans for becoming EU and NATO members. The public administrations in the South-Eastern Europe area are subjected to a reform process according to the requirements of the integration process in the EU structures (Andrei, Matei, Rosca, 2008). The process is defined as an ensemble of reform measures at the level of civil service, local government and achievement of decentralization. Moreover, on the South Eastern European states, as well as on other countries, the econ
Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2022-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Download or read book Judicial Reforms in Central and Eastern European Countries written by Ramona Coman and published by . This book was released on 2007 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer. This book was released on 2012-05-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democratic Institutions and Authoritarian Rule in Southeast Europe written by Danijela Dolenec and published by ECPR Press. This book was released on 2017-05-19 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Josip Broz Tito's saying that 'one should not hold on to the law like a drunken man holds on to a fence' remains a valid piece of popular wisdom today, encapsulating the problem of weak rule of law in Southeast European societies. This book poses the question of why democratisation in Southeast Europe disappointed initial expectations, and claims that it is caused by the dominance of authoritarian parties over regime change. Their rule established nondemocratic governance practices that continue to subvert rule of law principles, more than twenty years after the collapse of communism. The unique contribution of this book is in providing empirical evidence for the argument that post-socialist transformation proceeded in a double movement, whereby advances to formal democratic institutions were subverted through nondemocratic rule. This misfit helps explain why improvements to formal democratic institutions did not result in expected democratisation advances.
Download or read book Judicial Reform in South Eastern Europe written by Talia Adria Boati and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Reforms in Central and Eastern European Countries written by Ramona Coman and published by . This book was released on 2007 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democracy and the Market written by Adam Przeworski and published by Cambridge University Press. This book was released on 1991-07-26 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quest for freedom from hunger and repression has triggered in recent years a dramatic, worldwide reform of political and economic systems. Never have so many people enjoyed, or at least experimented with democratic institutions. However, many strategies for economic development in Eastern Europe and Latin America have failed with the result that entire economic systems on both continents are being transformed. This major book analyzes recent transitions to democracy and market-oriented economic reforms in Eastern Europe and Latin America. Drawing in a quite distinctive way on models derived from political philosophy, economics, and game theory, Professor Przeworski also considers specific data on individual countries. Among the questions raised by the book are: What should we expect from these experiments in democracy and market economy? What new economic systems will emerge? Will these transitions result in new democracies or old dictatorships?
Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Download or read book Transnational Networking and Elite Self empowerment written by Cristina E. Parau and published by British Academy Monographs. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. Transnational Networks and Elite Self-Empowerment is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries. Taking an inter-disciplinary approach, she builds a strong case through a deep analysis set against and supported by an extensive series of interviews with key political actors. This is a timely reminder of the need to pay attention to our democratic institutions and not to take for granted the foundations on which they are laid.
Download or read book Democratisation and Institutional Reform in Albania written by Elvin Gjevori and published by Palgrave Macmillan. This book was released on 2018-03-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Albania’s democratic transition – one of the longest and most arduous of post-communist Europe – has failed to produce consolidated institutions. Therefore, this book undertakes the first comprehensive review of Albania’s military and judicial reform – from 1992 to 2009 – to ascertain why military reform produced substantial institutionalisation and judicial reform did not. The author analyses the different outcomes by outlining how political elites constructed the interests that shaped their subsequent political actions. Overall, this book presents a novel theoretical account for institutionalisation in emerging democracies and sheds light on two of Albania’s most important democratisation reforms. The book will appeal to practitioners working on institutionalisation reforms, institutionalist and democratisation researchers interested in post-authoritarian transitions, and area study scholars focusing on Albania and the Western Balkans.
Download or read book The European Court and Civil Society written by Rachel A. Cichowski and published by Cambridge University Press. This book was released on 2007-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Download or read book Judicial Accountabilities in New Europe written by Dr Daniela Piana and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Routledge Handbook of Justice and Home Affairs Research written by Ariadna Ripoll Servent and published by Routledge. This book was released on 2017-11-22 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.
