Hague Journal on the Rule of Law最新文献_第6页

The Rule of Law as a Well-Established and Well-Defined Principle of EU Law 法治作为欧盟法的一项完善而明确的原则

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-06-28 DOI: 10.1007/s40803-022-00176-8

Laurent Pech

引用次数: 10

Re-Imagining Customary Justice Systems: Interrogating Past Assumptions and Entertaining New Ones 重新想象习惯司法系统：质疑过去的假设和娱乐新的假设

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-06-20 DOI: 10.1007/s40803-022-00173-x

E. Harper, Yann Colliou

引用次数: 0

It Never Rains but it Pours. The Polish Constitutional Tribunal Declares the European Convention on Human Rights Unconstitutional 不鸣则已,一鸣惊人。波兰宪法法庭宣布《欧洲人权公约》违宪

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-06-04 DOI: 10.1007/s40803-022-00174-w

Adam Ploszka

引用次数: 4

Abortion Law and Human Rights in Poland: The Closing of the Jurisprudential Horizon 波兰的堕胎法与人权:法学视野的终结

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-02-16 DOI: 10.1007/s40803-022-00167-9

Marta Bucholc

{"title":"Abortion Law and Human Rights in Poland: The Closing of the Jurisprudential Horizon","authors":"Marta Bucholc","doi":"10.1007/s40803-022-00167-9","DOIUrl":"https://doi.org/10.1007/s40803-022-00167-9","url":null,"abstract":"On 22 October 2020, the Constitutional Tribunal of Poland ruled that an abortion due to foetal impairment was unconstitutional. This article discusses the context of this controversial ruling as well as its main tenets, focusing on the interpretation of the human rights proffered by the Tribunal and on the rule of law concerns raised by the Tribunal’s decision. Against the backdrop of a brief history of the legal regulation of abortion in Poland since 1945, the article offers a critical assessment of the human rights framework used in the Polish abortion debate. Based on a close reading of the Tribunal’s ruling and the dissenting opinions, the article points out the particularities in the Tribunal’s engagement with international law and human rights jurisprudence. The article argues that the Tribunal’s decision is yet another symptom of the crisis in which the rule of law in Poland has found itself since 2015. It bears evidence to the closing of the jurisprudential horizon caused by the political change which has been taking place in Poland since 2015, consisting of the reduction of the role of international human rights debates as a reference in Polish constitutional jurisprudence. The ruling is therefore a portent of Poland’s future compliance with its international commitments in human rights matters.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"41 4","pages":""},"PeriodicalIF":2.2,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138496377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

To Live and to Learn: The EU Commission’s Failure to Recognise Rule of Law Deficiencies in Lithuania 生活和学习:欧盟委员会未能认识到立陶宛的法治缺陷

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-12 DOI: 10.1007/s40803-021-00166-2

Beatrice Monciunskaite

{"title":"To Live and to Learn: The EU Commission’s Failure to Recognise Rule of Law Deficiencies in Lithuania","authors":"Beatrice Monciunskaite","doi":"10.1007/s40803-021-00166-2","DOIUrl":"https://doi.org/10.1007/s40803-021-00166-2","url":null,"abstract":"During the last decade, it has become apparent that the European Union (EU) Commission is failing to halt rule of law decline in Poland and Hungary. However, has the Commission learnt from its experience in handling rule of law decline in these countries? This article suggests that not only has the EU Commission failed to learn the importance of swift action in the face of burgeoning rule of law crises but has actively ignored similar systemic issues altogether in Lithuania, a country that has historically been an exemplary Member State. This article will analyse the status of the rule of law and judicial independence in Lithuania in light of the EU Commission’s first two Rule of Law Reports published in September 2020 and July 2021. These reports were designed to act as a preventative measure to protect the rule of law in each Member State through documenting and raising awareness for rule of law developments in the Union. Lithuania has largely slipped under the radar of constitutional democracy scholars; however, in the past two years, Lithuania has endured a series of attacks on judicial independence and suffered an attempted siege of its national broadcaster. There has been an intense deadlock recently over the election of Constitutional Court justices, which has raised concerns over the executive’s persistent attempts to politicise Lithuania’s highest court. Worryingly the recent Rule of Law Reports, published by the EU Commission, fail to reflect the severity of these recent developments. The reports’ silence on these issues leads this article to conclude that the EU Commission is turning a blind eye to Lithuania’s precarious rule of law situation by failing to truthfully document significant negative developments around the rule of law. By doing so, the Commission not only exacerbates rule of law issues domestically but also undermines the fight against rule of law backsliding in the Union.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"41 5","pages":""},"PeriodicalIF":2.2,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138496376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Bidirectional Relationship Between Academic Freedom and Rule of Law: Hungary, Poland and Russia 学术自由与法治的双向关系:匈牙利、波兰和俄罗斯

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-09 DOI: 10.1007/s40803-021-00165-3

Nandini Ramanujam, Vishakha Wijenayake

引用次数: 3

Playbook of Subnational Illiberalism: Autocrats Face the Opposition-led Local Governments. 地方反自由主义的剧本:独裁者面对在野党领导的地方政府

IF 2.9 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-01 Epub Date: 2022-11-21 DOI: 10.1007/s40803-022-00184-8

Mariam Begadze

{"title":"Playbook of Subnational Illiberalism: Autocrats Face the Opposition-led Local Governments.","authors":"Mariam Begadze","doi":"10.1007/s40803-022-00184-8","DOIUrl":"10.1007/s40803-022-00184-8","url":null,"abstract":"Recognizing the growing tensions between autocrats in the center and opposition-led local governments in Hungary, Poland and Turkey since 2018-2019 local elections, the article contributes to existing literature on illiberal democracies with a subnational portion of illiberal playbook. Tactics identified through the detailed study of the European context and brief review of Latin American experience leaves us with the following categories in the playbook: abuse of (existing) supervisory and accountability mechanisms; generating of financial vulnerability; centralization (outright and indirect) and deconcentration. Each of these categories assemble various means evolving through application and reinterpretation of traditional rules pertaining to local government, as well as crisis-induced innovations. While the Polish account carries the optimism still that antecedent robust guarantees and popular support matter even when illiberals rule the center, the playbook proved successful in Hungary and Turkey. Although certain incrementalism stayed as the most vulnerable actors were the first victims of soon-to-be normalized measures, crisis in Hungary and Poland did stretch the limits to the point that ulterior motives of undermining opposition-led local governments became publicly observable. Reflecting on this phenomenon, in the end, the article poses a theoretical question whether such pretextual instrumentalization of law can itself be judicially manageable, at least in situations when clear political opponents are targeted.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"309-330"},"PeriodicalIF":2.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9676784/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46470550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reconciling Theory and Practice of the Rule of Law in the European Union. 欧盟法治理论与实践的协调

IF 2.9 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-01 Epub Date: 2022-11-21 DOI: 10.1007/s40803-022-00183-9

Barbara Grabowska-Moroz, Joelle Grogan, Dimitry V Kochenov, Laurent Pech

引用次数: 0

COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis. 新冠肺炎，法治与民主。全球卫生危机的法律对策分析

IF 2.9 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-01 Epub Date: 2022-03-15 DOI: 10.1007/s40803-022-00168-8

Joelle Grogan

{"title":"COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis.","authors":"Joelle Grogan","doi":"10.1007/s40803-022-00168-8","DOIUrl":"10.1007/s40803-022-00168-8","url":null,"abstract":"The COVID-19 pandemic caused a severe strain on health systems globally, while simultaneously presenting a social, economic, legal, political, and regulatory challenge. Where the efficacy of pandemic laws adopted by governments are a matter of life and death, the urgency with which action needs to be taken during a pandemic creates a law-making environment which incentivises rapid action without scrutiny and the use of power without restraint. Under such conditions, adherence to the foundational values of democracy and the rule of law come under increased pressure if not threat. The demands of emergency provide a convenient guise and means of justification for the use of power which only serves to consolidate power within the executive to the detriment of the separation of powers and weakening of the institutions of liberal democracy. This article provides a preliminary analysis on how the global health crisis has affected the state of democracy and the rule of law. While the specific examples are drawn from across the globe to highlight common trends and concerns, specific highlight is given to the EU and its Member States. It offers an outlook on how to prepare for future emergencies by building on the lessons of the current one.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"349-369"},"PeriodicalIF":2.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8921701/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42764424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reconciling the Theory and the Practice of the Rule of Law in the European Union Measuring the Rule of Law. 欧盟法治理论与法治实践的协调:法治的测度

IF 2.9 2区社会学

Hague Journal on the Rule of Law Pub Date : 2022-01-01 Epub Date: 2022-04-13 DOI: 10.1007/s40803-022-00171-z

Julinda Beqiraj, Lucy Moxham

{"title":"Reconciling the Theory and the Practice of the Rule of Law in the European Union Measuring the Rule of Law.","authors":"Julinda Beqiraj, Lucy Moxham","doi":"10.1007/s40803-022-00171-z","DOIUrl":"10.1007/s40803-022-00171-z","url":null,"abstract":"The Rule of Law has gained global appeal and recognition, and is one of the fundamental values upon which the European Union (EU) is based, as set out in Article 2 of the Treaty on European Union. In Sect. 1, we briefly consider the main elements of the Rule of Law, in particular those definitions used in the context of the EU, the Council of Europe and the United Nations (UN). Whilst acknowledging that there are national differences among EU Member States, there is broad consensus around the core meaning of the Rule of Law. These definitional issues help frame the discussion that follows on measuring the Rule of Law. In Sect. 2, we outline some general considerations regarding the rationale for measuring the Rule of Law, followed by some specific examples of measurement tools in the context of the Council of Europe (e.g., the European Commission for the Efficiency of Justice (CEPEJ) tools on evaluating the efficiency and quality of European judicial systems, and the Venice Commission Rule of Law Checklist); the EU (e.g., the EU Justice Scoreboard, the Special Eurobarometer on the Rule of Law, and the Rule of Law Report); and the UN (e.g., the Sustainable Development Goals). In Sect. 3, we consider current Rule of Law trends in light of results from a range of datasets (including the Varieties of Democracy (V-Dem) indices, the Democracy Barometer, the Bertelsmann Stiftung's Transformation Index (BTI), and the World Justice Project's Rule of Law Index).","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"139-164"},"PeriodicalIF":2.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9006207/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48980828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0