Hague Journal on the Rule of Law最新文献

{"title":"EU Enlargement in Disregard of the Rule of Law: A Way Forward Following the Unsuccessful Dispute Settlement Between Croatia and Slovenia and the Name Change of Macedonia.","authors":"Elena Basheska","doi":"10.1007/s40803-022-00169-7","DOIUrl":"10.1007/s40803-022-00169-7","url":null,"abstract":"<p><p>EU enlargement has always been a political process. That said, the rule of law is an important aspect and principle of the EU enlargement policy. Implementation of EU driven reforms in candidate countries largely depends on the rule of law-based enlargement as well as on a clear EU perspective. Overpoliticisation of the enlargement process renders the EU's enlargement law futile and undermines both the transformative effect of the pre-accession process and EU's own values. The implementation of the enlargement condition for settlement of bilateral disputes, which became pronounced in the EU enlargement towards the Western Balkan countries, is having the negative effect of contributing to deterioration rather than promotion of the rule of law in both EU candidate countries and the EU's enlargement process. Lack of predictability and rule of law accordingly, makes the effective application of the principle of conditionality impossible. A genuine reconsideration of the condition for settlement of bilateral disputes within the EU enlargement framework, clear EU perspective and viable way forward are urgently needed for bringing rule of law and the EU's credibility on track.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"221-256"},"PeriodicalIF":1.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8959073/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45596015","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}

{"title":"Informal Exercise of Power: Undermining Democracy Under the EU's Radar in Hungary and Poland.","authors":"Edit Zgut","doi":"10.1007/s40803-022-00170-0","DOIUrl":"10.1007/s40803-022-00170-0","url":null,"abstract":"<p><p>Hungary and Poland have seen the most widespread erosion of democracy in the European Union since Fidesz and Law and Justice started their authoritarian remaking in 2010 and 2015, respectively. Despite the EU's introduction of various doctrinal innovations, it could not force these regimes to comply with the core values of the EU. While the literature has focused on the formal violation of the rule of law, the links between informal power and the limited constraining role of the EU have remained undertheorized. This article aims to fill the gap by studying the informal exercise power of the Fidesz and PiS governments that helped them to create an uneven political playing field. Connecting the literature on hybrid authoritarian regimes and informality, it will be shown through three main domains how the Hungarian and Polish governments (1) distributed informal political-economic decision-making power informally throughout clientelist corruption, (2) captured the media through loyal oligarchs/allies, and (3) employed electoral clientelism to tilt the electoral playing field in their favor. While the study proposes a theoretical framework related to the Hungarian and Polish examples, it is also a warning for the EU to take the informal exercise of power seriously.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"287-308"},"PeriodicalIF":2.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8889382/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46202018","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}

{"title":"How Political Narratives Affect the Self-Enforcing Nature of Interim Constitutions","authors":"Marc Prieto, S. Verdugo","doi":"10.1007/s40803-021-00161-7","DOIUrl":"https://doi.org/10.1007/s40803-021-00161-7","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"265 - 293"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49186744","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}

{"title":"Constitutional Rewrite in Chile: Moving toward a Social and Democratic Rule of Law?","authors":"L. Hilbink","doi":"10.1007/s40803-021-00164-4","DOIUrl":"https://doi.org/10.1007/s40803-021-00164-4","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"223 - 234"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230055","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}

{"title":"Rule of Law and Political Representation","authors":"Donald Bello Hutt","doi":"10.1007/s40803-021-00163-5","DOIUrl":"https://doi.org/10.1007/s40803-021-00163-5","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"1 - 25"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44524250","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}

{"title":"Chile’s New Constitution: What Right to Health?","authors":"Eduardo Arenas Catalán","doi":"10.1007/s40803-021-00162-6","DOIUrl":"https://doi.org/10.1007/s40803-021-00162-6","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"295 - 314"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43651176","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}

{"title":"Reconstructing Legitimacy After Crisis: The Chilean Path to a New Constitution","authors":"Julieta Suárez-Cao","doi":"10.1007/s40803-021-00160-8","DOIUrl":"https://doi.org/10.1007/s40803-021-00160-8","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"253 - 264"},"PeriodicalIF":2.2,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45193276","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}

{"title":"Triangulation of Theoretical and Empirical Conceptualizations Related to the Rule of Law","authors":"Filip Horák, D. Lacko","doi":"10.1007/s40803-022-00181-x","DOIUrl":"https://doi.org/10.1007/s40803-022-00181-x","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"15 1","pages":"191-216"},"PeriodicalIF":2.2,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46257183","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}

{"title":"The Rule of Law Conditionality Under Regulation No 2092/2020—Is it all About the Money?","authors":"Justyna Łacny","doi":"10.1007/s40803-021-00154-6","DOIUrl":"https://doi.org/10.1007/s40803-021-00154-6","url":null,"abstract":"&lt;p&gt;Some say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, &lt;i&gt;inter alia&lt;/i&gt;, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–202","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"23 1","pages":""},"PeriodicalIF":2.2,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138517197","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}

{"title":"Administrative Law as a Dual State. Authoritarian Elements of Administrative Law","authors":"Bas Schotel","doi":"10.1007/s40803-021-00156-4","DOIUrl":"https://doi.org/10.1007/s40803-021-00156-4","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"195 - 222"},"PeriodicalIF":2.2,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s40803-021-00156-4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"52954625","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}