This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level.
The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
Cuprins
Introduction.- Part I: General aspects of the rule of law and populism in the European Union.- 1. Historical Perspectives on the Democratic Deficit(s).- 2. Populism and segmentation in contemporary Europe.- 3. Democracy in Europe: Between a Rock and Hard Place.- 4. Populism, human rights, and (un-)civil society.- 5. The Epistemic Vices of Democracies in the Age of Populism.- 6. Too Little, But Not Too Late? Assessing the Role of Sanctions in the EU’s Rule of Law Conflict with Poland.- Part II: Political perspectives on populism and the rule of law in key political contexts.- 7. The rule of law as a cornerstone of anti-populism: European institutions, populists, and the people in European Parliament debates.- 8. Democracies Under Pressure in Pandemic Times: The Relationship between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication.- 9. Gender rights and opposition to Populism.- 10. Left populism and the rule of law. Notes based on the Greek and Ecuadorian experiences.- 11. Predictors of populism and anti-populism in France and Poland: A comparative analysis.- Part III: Legal Perspectives on the Rule of Law in the European Union and Threats Posed by its Violation.- 12. The Principle of Legality as a Pillar of the EU’s Rule of Law: Bridging the Gap Between International and National Law.- 13. Conditional or sustainable? The rule of law and judiciary reforms in the Western Balkans.- 14. EU social policy, social partners, and the rule of law.- 15. Climate change litigation and the rule of law in the European Union.- 16. The EU Sustainable corporate governance initiative and the rule of law.- Conclusions.
Despre autor
Luisa Antoniolli is a professor of private comparative law at the School of International Studies and the Faculty of Law of the University of Trento (Italy). She has a Ph D in comparative law from the University of Florence and teaches courses in the area of comparative private law and EU law. Her main fields of research concern the EU integration process and the development of European private law, globalization and legal transplants, comparative contract law, and consumer protection.
Carlo Ruzza (MA Suny, Ph D Harvard) is a senior professor of Political Sociology at the University of Trento (Italy). He has written widely on European studies and on civil society organizations. His recent work focuses on the Radical Right in Europe and on the efforts of civil society groups to affect policymaking in areas such as EU anti-discrimination policy, human rights, and environmental policy.
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