Reinforcing Rule of Law Oversight in the European Union [Paperback]

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.This book establishes the normative foundations of rule of law oversight in the EU and scrutinises the key approaches to ensuring Member State compliance. Theoretical rule of raw problems are also identified, providing the definitive reference to the theory and practice of rule of law in the EU.This book establishes the normative foundations of rule of law oversight in the EU and scrutinises the key approaches to ensuring Member State compliance. Theoretical rule of raw problems are also identified, providing the definitive reference to the theory and practice of rule of law in the EU.This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.Part I. Establishing Normative Foundations: 1. Reinforcing EU monitoring of the rule of law: normative arguments, institutional proposals and the procedural limitations Carlos Closa; 2. Beyond legality - before democracy: rule of law caveats in the EU two-level system Gianluigi Palombella; 3. Overseeing the rule of law in the EU: legal mandate and means Christophe Hillion; 4. Protecting democracy inside the EU: on article 7 TEU and the Hungarian turn to authoritarianism Bojan Bugaric; Part II. Proposing New Approaches: 5. Enforcing the basic principles of EU law through systemic infringement actions Kim Lane Scheppele; 6. Mutual trust: the virtue of lƒ+