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This book discusses the nature of the challenges that have
confronted European democracies in recent years. In the past
decade, the rule of law in Europe has been put under strain by both
external and internal factors. The term "illiberal democracies" is
sometimes used to describe the rise of a phenomenon in which the
fundamental values of the European legal order, as enshrined in the
European Convention of Human Rights and in the Charter of
Fundamental Rights of the European Union, are called into question.
The preservation of the independence of the judiciary, of the
freedom of expression and the protection of journalists are among
the values under threat. But these challenges are also present
within the older democracies in which emergency regimes have become
more common. As the European Union's sanctions regime shows,
striking a balance between security and the rule of law, of which
fundamental rights are an intrinsic part, is a constant challenge.
Focusing on the European courts' responses to these threats, the
book discusses how courts could provide the ultimate line of
defense. The acid test of the rule of law might indeed be how it
safeguards the judicial guarantees designed to protect core
European values beyond the discretion of government.
This book discusses the nature of the challenges that have
confronted European democracies in recent years. In the past
decade, the rule of law in Europe has been put under strain by both
external and internal factors. The term "illiberal democracies" is
sometimes used to describe the rise of a phenomenon in which the
fundamental values of the European legal order, as enshrined in the
European Convention of Human Rights and in the Charter of
Fundamental Rights of the European Union, are called into question.
The preservation of the independence of the judiciary, of the
freedom of expression and the protection of journalists are among
the values under threat. But these challenges are also present
within the older democracies in which emergency regimes have become
more common. As the European Union's sanctions regime shows,
striking a balance between security and the rule of law, of which
fundamental rights are an intrinsic part, is a constant challenge.
Focusing on the European courts' responses to these threats, the
book discusses how courts could provide the ultimate line of
defense. The acid test of the rule of law might indeed be how it
safeguards the judicial guarantees designed to protect core
European values beyond the discretion of government.
High hopes were placed in the ability of the European Convention
and the Court of Human Rights to help realise fundamental freedoms
and civil and political rights in the post-communist countries.
This book explores the effects of the Strasbourg human rights
system on the domestic law, politics and reality of the new member
states. With contributions by past and present judges of the
European Court of Human Rights and assorted constitutional courts,
this book provides an insider view of the relationship between
Central and Eastern European states and the ECHR, and examines the
fundamental role played by the ECHR in the process of
democratisation, particularly the areas of the right to liberty,
the right to propriety, freedom of expression, and minorities'
rights.
High hopes were placed in the ability of the European Convention
and the Court of Human Rights to help realise fundamental freedoms
and civil and political rights in the post-communist countries.
This book explores the effects of the Strasbourg human rights
system on the domestic law, politics and reality of the new member
states. With contributions by past and present judges of the
European Court of Human Rights and assorted constitutional courts,
this book provides an insider view of the relationship between
Central and Eastern European states and the ECHR, and examines the
fundamental role played by the ECHR in the process of
democratisation, particularly the areas of the right to liberty,
the right to propriety, freedom of expression, and minorities'
rights.
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