Das europäische Evaluierungsdefizit der Rechtsstaatlichkeit

Mendelski, Martin

doi:10.5771/0340-0425-2016-3-366

Cited by 8 publications

(9 citation statements)

References 9 publications

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“…22 http://www.luju.ro/dezvaluiri/cazuri-celebre/inscenarea-demascata-la-iccj-inalta -curte-l-a-condamnat-pe-fostul-sef-al-diicot-alba-ioan-muresan-la-7-ani-inchisoare-cu -executare-dupa-ce-i-a-fabricat-dosar-comisarului-traian-berbeceanu-procurorul -nicolaie-cean-a-primit-2-ani-cu-executare-iar-politistul; http://www.luju.ro/magistrati/ dna/daca-avea-dubii-dna-trebuia-sa-o-recuze-kovesi-vrea-sa-anuleze-hotararea-de -achitare-care-a-aruncat-in-aer-scaunul-sefei-iccj-pe-motiv-ca-judecatoarea -risantea-gagescu-nu-ar-fi-fost-impartiala-intrucat-nu-a-fost-promovata-la-inalta-curte -in-2013-pentru-ca. Mendelski 2016). In my opinion, the key problem is political.…”

Section: 3unclassified

“…The eu's "assessment deficit of the rule of law" (Mendelski 2016) springs also from a considerable information asymmetry during screening activities in candidate and problematic member countries. This problem is reflected in the issue that eu rule of law monitors and evaluators tend to meet mainly representatives from the legal, liberal and reformist camp (e.g.…”

Section: 3mentioning

confidence: 99%

“…The problem-oriented nature of the eu's approach has a significant shortage: it gives the eu considerable leeway with regard to admitting, stressing and evaluating a domestic problem, and with regard to the timing of its critical reaction. Thus, it can be argued that despite similar abuses of the rule of law, the alarm bells from ngos, the international community and the European Commission only ring in the case of conservative, nationalist governments (see Mendelski 2016).55…”

Section: 3mentioning

confidence: 99%

“…more transplanted laws are better than few laws, more judicial independence is better than less independence, etc.) (see Mendelski 2016). The eu's approach to rule of law promotion and assessment thus emphasizes reforms that stress quantitative outcomes (more laws, more resources, more convictions, more arrests, etc.)…”

Section: The Problem Of Valuing Quantity Over Qualitymentioning

confidence: 99%

“…In previous research, I have empirically analyzed the eu's impact on the rule of law in post-communist countries from cee (Mendelski 2013(Mendelski , 2014(Mendelski , 2015(Mendelski , 2016. My work shows that eu-driven rule of law reforms often result in a considerable increase of judicial capacity and substantive legality (i.e.…”

Section: Introductionmentioning

confidence: 99%

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Europeanization and the Rule of Law: Towards a Pathological Turn

Mendelski

2016

Southeast Eur

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Recent scholarship has exposed the "eu's pathological power", which has undermined the creation of the rule of law in South Eastern Europe (see) and beyond. This paper discusses the "pathological turn" in Europeanization studies by identifying and providing evidence for several "pathologies of Europeanization", i.e. legal and political deficiencies related to rule of law reform, such as legal instability, lack of generality and enforcement, and increased politicization. These pathologies result, among others, from a deficient approach of the eu to rule of law promotion and assessment. In particular, the author highlights three main fundamental problems of Europeanization in the area of the rule of law: 1) valuing quantity over quality; 2) partisan empowerment of domestic change agents; and 3) biased assessment of the rule of law. These problematic issues are further clarified on selected country examples of reform failure from see and the 2012 "rule of law crisis" in Romania. It is argued that given the eu's inability to objectively assess and effectively promote the rule of law, the eu should either abstain from evaluating rule of law or radically revise its approach and methodology, for instance by following the policy advice provided in this paper.

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Section: 3unclassified

Section: 3mentioning

confidence: 99%

Section: 3mentioning

confidence: 99%

Section: The Problem Of Valuing Quantity Over Qualitymentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Europeanization and the Rule of Law: Towards a Pathological Turn

Mendelski

2016

Southeast Eur

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Defending Union Values in Judicial Proceedings. On How to Turn Article 2 TEU into a Judicially Applicable Provision

Spieker

2021

Beiträge Zum Ausländischen Öffentlichen Recht Und Völkerrecht

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This chapter centres on the question of how to address violations of EU values in judicial proceedings before the Court of Justice. Instead of relying on fundamental freedoms, EU secondary legislation or the Charter, this chapter explores a more promising path—engaging with Article 2 TEU itself. Yet this path rests on a crucial premise: the judicial applicability of the values enshrined in Article 2 TEU. Such a judicial applicability is far from self-evident and needs to be carefully construed. Based on recent jurisprudential developments, this chapter will propose ways to operationalise Article 2 TEU without curtailing its unrestricted scope of application. The judgments of Associação Sindical dos Juízes Portugueses, Minister for Justice and Equality (L.M.) and Commission v. Poland will be at the heart of this contribution.

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Towards a Tyranny of Values?

Bogdandy

2021

Beiträge Zum Ausländischen Öffentlichen Recht Und Völkerrecht

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This contribution develops the framework of European reactions to the undermining of checks and balances in EU Member States. It surveys the normative setting with its various institutional options and contrasting constitutional principles and then applies these principles to the panoply of relevant instruments. The building blocks of this framework are competence, procedure, standards, and control. This should help Europe to speak with a principled voice. The contribution shows how red lines can be drawn that respect constitutional pluralism, and how any action’s legitimacy is enhanced if many institutions undertake it jointly.

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Das europäische Evaluierungsdefizit der Rechtsstaatlichkeit

Cited by 8 publications

References 9 publications

Europeanization and the Rule of Law: Towards a Pathological Turn

Europeanization and the Rule of Law: Towards a Pathological Turn

Defending Union Values in Judicial Proceedings. On How to Turn Article 2 TEU into a Judicially Applicable Provision

Towards a Tyranny of Values?

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