Judicial Accountabilities in New Europe

Judicial Accountabilities in New Europe
Author: Daniela Piana
Publisher: Routledge
Total Pages: 280
Release: 2016-05-06
Genre: Law
ISBN: 1317110102

This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

Law Enforcement by EU Authorities

Law Enforcement by EU Authorities
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Total Pages: 401
Release: 2017-11-24
Genre: Law
ISBN: 1786434636

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Perceptions of the Independence of Judges in Europe

Perceptions of the Independence of Judges in Europe
Author: Frans van Dijk
Publisher: Springer Nature
Total Pages: 113
Release: 2020-12-14
Genre: Political Science
ISBN: 3030631435

This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

Networking the Rule of Law

Networking the Rule of Law
Author: Cristina Dallara
Publisher: Routledge
Total Pages: 190
Release: 2016-04-22
Genre: Law
ISBN: 1317088891

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Judges and Democratization

Judges and Democratization
Author: B. C. Smith
Publisher: Taylor & Francis
Total Pages: 326
Release: 2022-11-18
Genre: Political Science
ISBN: 1000786439

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

TRIIAL

TRIIAL
Author: Karolina Podstawa
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN: 9789294664266

This Casebook is one of the deliverables of the European Commission's funded project TRIIAL TRust, Independence, Impartiality and Accountability of judges and arbitrators safeguarding the rule of Law under the EU Charter. It presents a selection of case law from almost 200 cases collected by beneficiaries involved in the project; cases that were identified in the course of discussions between judges and legal practitioners that participated in the TRIIAL events and through desk research on the evolution of the standard of judicial independence, impartiality, and accountability on the European continent and, specifically, within the context of the European Union.The attempt was to illustrate both the activities of pan-European courts engaged in addressing systemic pan-European questions and problems occurring on a more local scale within specific EU jurisdictions. It is, in fact, within the legal system of the European Union that evolutionary and, arguably, revolutionary developments took place, allowing all of its Member States (and other states parties to ECHR) to revisit the rules behind the fulfilment of the mandate of judges, wielders of the judicial power in Western democracies. Such developments offered a new perspective on the use of the European Union based judicial interaction techniques as tools for the assessment and improvement of the systemic arrangements providing for the position of a judge and the ability to fulfil her function both within a given legal system and in cross-border situations. In this Introductory section we present the Rationale of this Casebook and information about its Structure and potential use.

Judicial Self-Governance in the New Millennium

Judicial Self-Governance in the New Millennium
Author: Tim Bunjevac
Publisher: Springer Nature
Total Pages: 142
Release: 2021-01-29
Genre: Law
ISBN: 9813365064

This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.

Comparative Executive Power in Europe

Comparative Executive Power in Europe
Author: Marcel Morabito
Publisher:
Total Pages: 0
Release: 2023
Genre: Executive power
ISBN: 9781032250984

"This book provides an up-to-date interdisciplinary assessment of the accountability of the executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics and policy-makers in Constitutional Law and Politics, Public Law, Comparative Law, Comparative Politics, Legal History and Government"--