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Book
xix, 217 pages : illustrations, map ; 24 cm.
  • 1. Introduction: Turbulent Transitions into the 21st Century (Mohammad-Mahmoud Ould Mohamedou and Timothy D. Sisk) 2. Reviving Transitology: Democratisation Then and Now (Mohammad-Mahmoud Ould Mohamedou and Timothy D. Sisk) 3. Divergent and Partial Transitions (Kateryna Pishchikova and Richard Youngs) 4. Electoral Transitions: Stumbling out of the Gate (Pippa Norris) 5. Democratisation in the Asia-Pacific: Two Steps Forward? (Benjamin Reilly) 6. The Transition in East Central Europe (Andre Liebich) 7. Successes and Breakdowns: Democratisation in Sub-Saharan Africa (Julien Morency-Laflamme) 8. Thirty Years Past: Transitology in the Southern Cone (Diego Abente-Brun and Ignacio Gonzalez-Bozzolasco) 9. Transitology a l'Arabe: Confirmation and Challenge (Bahgat Korany) 10. From Transitology to Consolidology (Philippe C. Schmitter).
  • (source: Nielsen Book Data)9781138673823 20161128
The 2010's was a critical period in the continuing, established trend of the spread of democracy worldwide: from the Arab Spring countries of Tunisia, Libya, Egypt and Yemen to the unfolding turmoil of Myanmar and Ukraine, by way of the upheavals in Burkina Faso, Senegal and Ivory Coast, social mobilisation against autocratic, corrupt, or military regimes has precipitated political transitions that are characteristic of "democratisation." This book examines the state of democratisation theory and practice that reopens and revives the democratic transition debate, exploring the factors that lead to the demise of autocracy, the pathways and processes of change, and the choice for an eventual consolidation of democracy. For all its insights and shortcomings, the framework of transitology - a body of literature that has comparatively and through case-study analysis, examined common patterns, sequences, crises and outcomes of transitional periods - has been largely eschewed. The essays, written by international democratisation specialists, tackle the series of questions raised by a body of literature that remains highly useful to understand contemporary political turbulence and transformation, considering numerous crucial issues. This work will be of key interest to scholars, students and practitioners of governance, democratisation, comparative politics, international relations, political science and more broadly, history.
(source: Nielsen Book Data)9781138673823 20161128
Green Library
REES-208-01, REES-308-01
Book
xvii, 416 pages ; 25 cm.
  • Tables List of abbreviations Acknowledgements Foreword [By former EU Trade Commissioner Karel de Gucht] Introduction 1. The EU-Ukraine AA and the Union's neighbourhood relations: an introduction 2. Research objectives and (academic) relevance Title I: Integration Agreements concluded by the EU: criteria and overview. Chapter 1: 'Integration agreements' concluded by the EU: A useful but tricky legal concept Chapter 2: The conditio sine qua non: the obligation to apply, implement or incorporate a predetermined selection of EU acquis Chapter 3: Criteria to ensure the uniform interpretation and application of the EU law 3.1 Procedures to amend or update the incorporated acquis 3.2 Obligation for ECJ case-law conform interpretation of the incorporated acquis 3.3 Judicial mechanisms to ensure a uniform interpretation and application of the EU law Chapter 4: Overview EU integration agreements Title II: The EU and Ukraine: from Partnership and Cooperation towards Association Chapter 1: Background of the EU-Ukraine AA: the PCA and ENP 1.1 The EU-Ukraine Partnership and Cooperation Agreement 1.2 The ENP and the EaP: the policy framework of the EU-Ukraine AA Chapter 2: Legal and political hurdles towards the signing and conclusion of the EU-Ukraine AA 2.1 The long and winding road towards the signing and conclusion of the EU-Ukraine AA 2.2 The EU-Ukraine AA and the triangular EU-Ukraine-Russia relationship Chapter 3: A legal analysis of the EU-Ukraine AA 3.1 The legal basis of the EU-Ukraine AA 3.2 The 'integration without membership' dimension of the preamble and objectives of the EU-Ukraine AA 3.3 The comprehensive character of the EU-Ukraine AA 3.4 Enhanced conditionality in the EU-Ukraine AA: Common values conditionality vs. market access conditionality 3.5 Concluding remarks Title III: The EU-Ukraine DCFTA: a new legal instrument for integration into the EU Internal Market? Chapter 1: The EU-Ukraine DCFTA: a "deep" and "comprehensive" FTA? Chapter 2: The 'traditional' scope of the DCFTA: trade in goods and flanking measures 2.1 The scope and pace of elimination of customs duties 2.2 The EU's autonomous trade preferences: unilateral implementation of the DCFTA tariff elimination 2.3 Export duties, trade remedies, rules of origin and the application of the DCFTA in Crimea 2.4 Comparison with the Moldova and Georgia DCFTAs 2.5 Concluding remarks Chapter 3: The DCFTA: market access conditionality and mechanisms to ensure the uniform interpretation and application of the EU acquis 3.1 Technical Barriers to Trade 3.2 Sanitary and Phytosanitary measures 3.3 Establishment, Trade in Services and Electronic Commerce. 3.4 Public Procurement. 3.5 DCFTA chapters without market access conditionality 3.6 Economic and sector cooperation Chapter 4: Horizontal DCFTA provisions and mechanisms 4.1 The DCFTA DSM 4.2 DCFTA dispute settlement procedures regarding legislative approximation: challenges for the autonomy of the EU legal order? 4.3 Horizontal provisions related to legislative approximation Chapter 5: An assessment of the EU-Ukraine DCFTA 5.1 A legal instrument for gradual integration in the EU Internal Market? 5.2 An innovative EU trade agreement? 5.3 The EU-Ukraine DCFTA compared to the Moldova and Georgia DCFTAs 5.4 A (too) complex and costly agreement? 5.5 A blueprint for other EU 'neighbourhood' (integration) agreements? Chapter 6: Sectoral integration agreements in the ENP: the Energy Community Treaty and the Common Aviation Area 6.1 The Energy Community Treaty 6.2 The (EU-Ukraine) Common Aviation Area Agreement 6.3 Sectoral integration into the EU Internal Market: the way ahead? Final conclusion and outlook 1. Final conclusion 2. Outlook (1 July 2015) Bibliography Index.
  • (source: Nielsen Book Data)9789004298644 20160619
In "The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, " Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement.
(source: Nielsen Book Data)9789004298644 20160619
Green Library
REES-208-01, REES-308-01
Book
xxx, 268 pages ; 25 cm.
  • Setting the scene : legislative approximation and application of EU law in the Eastern neighbourhood of the European Union / Peter Van Elsuwege and Roman Petrov
  • Anatomy of EU norm export towards the neighbourhood : the impact of Article 8 TEU / Christophe Hillion
  • Differentiating the methods of acquis export : the case of the Eastern neighbourhood and Russia / Aaron Matta
  • The issue of values / Dimitry Kochenov
  • The EU-Ukraine deep and comprehensive free trade area : a coherent mechanism for legislative approximation / Guillaume Van der Loo
  • Differentiated integration and the prospects of a neighbourhood economic community between the EU and its eastern partners / Sieglind Gstöhl
  • Between dream and reality : challenges to the legal rapprochement of the Western Balkans / Adam Lazowski and Steven Blockmans
  • Legislative approximation and application of EU law in Ukraine / Roman Petrov
  • Legislative approximation and application of EU law in Moldova / Anna Khvorostiankina
  • Legislative approximation and application of EU law in Georgia / Gaga Gabrichidze
  • Legislative approximation and application of EU law in Armenia / Nariné Ghazaryan and Anna Hokobyan
  • Legislative approximation and application of EU law in Azerbaijan / Nariné Gjazaryan
  • Legislative approximation and application of EU law in Belarus / Maksim Karliuk
  • Legislative approximation and application of EU law in Russia / Paul Kalinichenko
  • Concluding remarks / Peter Van Elsuwege and Roman Petrov.
Green Library
REES-208-01, REES-308-01
Book
xi, 326 p. ; 25 cm.
  • Introduction: Why constitutional identity suddenly matters : a tale of brave states, a mighty union and the decline of sovereignty / Alejandro Saiz Arnaiz and Carina Alcoberro Llivina
  • Two different ideas of constitutional identity : identity of the constitution v. identity of the people / José Luis Martí
  • Methods of identification of national constitutional identity / Constance Grewe
  • Sovereignty lost, constitutional identity regained / Robert Toniatti
  • National constitutional identity in European constitutionalism : revisiting the tale of the emperor's new clothes in Spain? / Rafael Bustos Gisbert
  • What lies behind Article 4(2) TEU? / Guiseppe Martinico
  • National identity : trump card or up for negotiation? / Monica Claes
  • Constitutional identity and fundamental rights : the intersection between Articles 4(2) TEU and 53 Charter / Aida Torres Pérez
  • Criminal law as an essential function of the state : last line of resistance? / Maribel González Pascual
  • The EU's constitutional core / Daniel Sarmiento
  • The defence of national identity by the German Constitutional Court / Christian Tomuschat
  • What is not constitutional pluralism in the EU : national constitutional identity in the German "Lisbon" judgment / Hèctor López Bofill
  • The case-law of the Polish, Hungarian and Czech Constitutional Courts on national identity and the 'German Model' / Joël Rideau
  • National identity in Spanish Constitutional Court case-law / Pablo Pérez Tremps
  • "A Huron at the Kirchberg Plateau" or a few naive thoughts on constitutional identity in the case-law of the Judge of the European Union / Laurence Burgorgue-Larsen
  • National identity and the European Convention on Human Rights / Luis López Guerra.
'National constitutional identity' has become the new 'buzz word' in European constitutionalism over the past few years. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonised for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges and advocates general have rendered the concept currently so fashionable and yet so ambivalent that an in-depth analysis putting some order into the intense debate over constitutional identity is warranted. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light into the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First the book explores what constitutional identity means and who decides on it. The next contributions analyse (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues the authors touch upon EU law primacy, EU citizenship as a 'hard core' in opposition to the Member States' identities, the Charter of Fundamental Rights and its Article 53, and EU criminal law and the essential functions of the State. Finally, the chapters dealing with the case-law of European courts on national constitutional identity include the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much less analysed European Court of Human Rights. With contributions by Alejandro Saiz Arnaiz and Carina Alcoberro, Jose Luis Marti, Constance Grewe, Roberto Toniatti, Rafael Bustos Gisbert, Giuseppe Martinico. Silvio Gambino, Monica Claes, Aida Torres Perez, Maribel Gonzalez Pascual, Daniel Sarmiento, Christian Tomuschat, Hector Lopez Bofill, Joel Rideau, Pablo Perez Tremps, Laurence Burgorgue-Larsen and Luis Lopez Guerra.
(source: Nielsen Book Data)9781780681603 20160612
Green Library
REES-208-01, REES-308-01
Book
669 p. ; 25 cm.
  • Preface / Bostjan M. Zupancic, Juris Rudevskis
  • Introduction / Leonard Hammer
  • Albania / Eralda Met-Hasani Çani, Evis Alimehmeti
  • Armenia / Sarah Shirazyan
  • Azerbaijan / Javid Gadirov
  • Bulgaria, Part 1 / Martin Belov
  • Bulgaria, Part 2 / Krassimir Kanev
  • Croatia / Sinis̆̆a Rodin
  • Czech Republic / Jir̆í Zemánek, Jir̆í Kmec, Harold Christian Scheu
  • Estonia / René Värk, Carri Ginter
  • Georgia / Babutsa Pataraia, Ekaterine Lomtatidze
  • Hungary / Petra Bárd
  • Kosovo / Remzije Istrefi
  • Latvia / Agris Reps̆s, Ivars Stankevic̆s, Lăsma Rugăte
  • Lithuania / Renata Berz̆anskienė
  • Moldova / Vladislav Gribincea, Nadejda Hriptievschi, Mariana Chicu
  • Poland / Piotr Korzec
  • Romania / Andreea Arghir, Alina M. Stănciulescu
  • Russia / Anton Burkov
  • Serbia / Dejan Pavlovic
  • Slovakia / Zuzana Koval̕ová, Zuzana Vargová
  • Slovenia / Matej Avbelj, Jernej Letnar C̆ernic̆
  • Ukraine / Andrey Meleshevich, Anna Khvorostyankina
  • Conclusions / Frank Emmert.
From a variety of perspectives, much has been written about the European Convention on Human Rights (ECHR) and the case law of the Court of Human Rights, and yet there seems to be a gap in the literature when it comes to the impact of the Convention in different countries, and on the question of why this impact may differ from one country to another. This book fills the gap with regard to the new Member countries of the Council of Europe (CoE) in Central and Eastern Europe, by way of a comprehensive analysis that provides truly comparable information from nearly all countries in the region. Country reports are included from all ten Central and Eastern European countries that have already joined the EU, as well as most of the other countries in the region that have joined the CoE and have ratified the ECHR after the end of communist party dictatorship. A couple of reports regarding countries that have also emerged from communism, but are not eligible for membership in the CoE, are also included for comparative purposes.
(source: Nielsen Book Data)9789490947064 20160608
Green Library
REES-208-01, REES-308-01
Book
xi, 362 p. ; 25 cm.
  • Constituting the heterarchy of European constitutionalism in the EU's new member states / Jirí Pribán
  • Legal cultures in transition : a system-theory approach / Alberto Febbrajo
  • Democratic ethics, constitutional dimensions and "constitutionalisms" / Paul Blokker
  • Constitutional courts and constitutional culture in Central and Eastern European countries / Wojciech Sadurski
  • Constitutional culture and the theory of adjudication : Ulysses as a constitutional justice / Daniel Smilov
  • Settling accounts with the past, the conceptualization of difference and the dilemmas of the law-governed state / Grażyna Skapska
  • The democratization and modernization of post-communist judiciaries / Zdeněk Kühn
  • Bureaucratic and managerial cultures in Central Eastern European courts / Daniela Piana
  • Polish prosecutors, political corruption, and legal culture / Paulina Polak and David Nelken
  • Notaries in Central Europe : from state employment to professional independence : a rocky path / Gisela Shaw
  • Multiple transitions to the EU constitutional project : the case of Eastern European legal professions / Vittorio Olgiati.
How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? "Central Eastern Europe After Transition" defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.
(source: Nielsen Book Data)9781409403906 20160604
Green Library
REES-208-01, REES-308-01
Book
xiv, 411 p. : ill. ; 25 cm.
  • Constitutional morality and judicial review / Will J. Waluchow
  • Constitutionalism and value theory / András Szigeti
  • The only constitution and its many enemies / Otto Pfersmann
  • Constitutional specificity, unwritten understandings and constitutional agreement / Tom Ginsburg
  • The constitution as a theory of society in a society : a reflection after twenty years of democratic changes in East Central Europe / Grażyna Skąpska
  • Values for a valueless society : constitutional morality after collective crime / Nenad Dimitrijevic
  • Should rights shape societies and their values, or should societal values shape rights? : an examination of the case law of the European Court of Human Rights / Eva Brems
  • Axiological aspects of the Russian constitution / Valery Zorkin
  • Behind the constitution? : the principle of constitutional identity in France / Michel Troper
  • The constitutional value system and social values in South Africa / Theunis Roux
  • Individual autonomy as a constitutional value : fundamental assumptions revisited / Renáta Uitz and Orsolya Salát
  • Contested concepts : equality and dignity in the case-law of the Canadian Supreme Court and South African Constitutional Court / Murray Wesson
  • The judge as moral arbiter? : the case of abortion / Susanna Mancini and Michel Rosenfeld
  • Intuition as axiological source : a case study from gay rights / Suzanne B. Goldberg
  • The dictatorship of the obscure? Vales and the secular adjudication of fundamental rights / Matthias Mahlmann
  • Are religious sensitivities above the constitution? Reflections on the collective defamation of religious people / Guy Haarscher
  • Principles of law and law out of principles in social and economic policy : constitutional courts and legislatures as friends and foes in constitutional politics / Gadis Gadzhiev.
Green Library
REES-208-01, REES-308-01
Book
xiv, 265 p. ; 24 cm.
  • 1. Introduction Leonardo Morlino and Wojciech Sadurski Part 1: "Old-new" Member States 2. Poland: EU Driven Democracy? Adam Bodnar 3. Hungary: High Hopes Revisited Renata Uitz Part 2: "New-new" Member States 4. Romania: A Personalistic Approach to Accountability Alina Stanciulescu 5. Bulgaria: Discontents and Frustrations of a Newly-Consolidated Democracy Daniel Smilov Part 3: Potential Candidate and Neighbour Countries 6. Serbia in Search of Stability and Accountability Cristina Dallara and Irena Marceta 7. Albania and its Struggle to Consolidate Democracy Darinka Piqani 8. Ukraine: A Constitutional Design Between Facade Democracy and Effective Transformation? Oleksandr Serdiuk and Roman Petrov 9. Armenia: Constitutional Design, Accountability and European Integration Armen Mazmanyan 10. Conclusions Leonardo Morlino and Wojciech Sadurski. Bibliography.
  • (source: Nielsen Book Data)9780415560443 20160604
This book examines in depth the impact of the EU on aspects of the quality of democracy in eight selected post-communist countries. Considering both the political and legal aspects of the dynamics among institutions and focussing on inter-institutional accountability, the book analyses how constitutional designs have been effectively implemented to achieve this, and to what extent this was the result of EU action. In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-a-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candidates: Albania and Serbia; and neighbour and remote neighbour states: Ukraine and Armenia. Each chapter addresses a range of dimensions and most relevant domains of inter-institutional accountability, that is: executive-legislative relationships; constitutional justice; decentralisation and regionalism; and the role of ombudsman or other relevant authorities. Seeking to assess how important the role of the EU has been in influencing the modes and characteristic of democracies and fundamental rights established in these regions, this book will be of interest to students and scholars of comparative politics, EU politics, Post-communist studies and democratization studies.
(source: Nielsen Book Data)9780415560443 20160604
Green Library
REES-208-01, REES-308-01
Book
xii, 390 p. : ill. ; 25 cm.
  • Preface. Introduction-- M. KRYGIER. Part I: Democratic Institutions and Practices. 1. W. SADURSKI-- "EU Enlargement and Democracy in New Member States". 2. V. OLGIATI-- "The Eastern EU Enlargement and the Janus-Headed Nature of the Constitutional Treaty". 3. D. ROBERTSON-- "A Problem of Their Own, Solutions of Their Own: CEE Jurisdictions and the Problems of Lustration and Retroactivity". 4. E. RIGO-- "Citizens and Foreigners in the Enlarged Europe". 5. G. SASSE, James Hughes, Claire Gordon-- "Sub-National Governance in Central and Eastern Europe: Between Transition and Europeanization ". 6. D. TAMVAKI-- "The Copenhagen Criteria and the Evolution of Popular Consent to EU Norms: From Legality to Normative Justifiability in Poland and the Czech Republic".Part II: Constitutionalism. 7. A. SAJO-- "Becoming "Europeans": The Impact of EU 'Constitutionalism' on Post-Communist Pre-Modernity". 8. J. PRIBAN-- "Happy Returns to Europe? The Union's Identity, Constitution-Making, and Its Impact on the Central European Accession States". 9. D. PIANA-- "Why Will Cognitive and Cultural Boundaries Matter? An Evolutionary Approach to the Constitutionalisation of the Enlarged EU". 10. M. AZIZ-- "Constitutional Tolerance and EU Enlargement: the Politics of Dissent?". 11. C. BOULANGER-- "Europeanisation Through Judicial Activism? The Hungarian Constitutional Court's Legitimacy and the 'Return to Europe'". Part III: The Rule of Law. 12. A. CZARNOTA-- "Barbarians ante portas or the Post-Communist Rule of Law in Post-Democratic European Union". 13. M. ZIRK-SADOWSKI-- "Transformation and Integration of Legal Cultures and Discourses -- Poland". 14. D. SMILOV-- "EU Enlargement and the Constitutional Principle of Judicial Independence". 15. I. POGANY-- "Post-Communist Legal Orders and the Roma: Some Implications for EU Enlargement". 16. L. ZAGATO-- "A Europe of Variable Geometry: Still a Winning Model?". Concluding Remarks. S. BARTOLE-- "Conclusions: The Adhesion of New Member States to the European Union and the European Constitution".
  • (source: Nielsen Book Data)9781402038419 20160528
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
(source: Nielsen Book Data)9781402038419 20160528
Green Library
REES-208-01, REES-308-01
Book
xxxii, 257 p. ; 24 cm.
  • Acknowledgements-- Table of cases-- Table of treaties, laws and other instruments-- List of tables-- List of abbreviations-- Introduction-- 1. Overview of the accession process-- 2. Constitutional adaptations in the 'old' member states-- 3. Some idiosyncrasies of CEE constitutions-- 4. Constitutional issues in the pre-accession period-- 5. Revision of CEE constitutions for EU membership-- 6. Theoretical views to sovereignty and democratic legitimacy in CEE-- 7. Referendums-- 8. Membership of NATO and other international organizations-- 9. Role of constitutional courts-- 10. Implications of the European Constitution-- Epilogue-- Bibliography-- Appendix.
  • (source: Nielsen Book Data)9780521845410 20160528
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
(source: Nielsen Book Data)9780521845410 20160528
Green Library
REES-208-01, REES-308-01