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The Rule of Law in Europe Recent Challenges and Judicial Responses 1st Edition by María Elósegui, Alina Miron, Iulia Motoc ISBN 9783030560003 3030560007

Name: The Rule of Law in Europe Recent Challenges and Judicial Responses 1st Edition by María Elósegui, Alina Miron, Iulia Motoc ISBN 9783030560003 3030560007
SKU: EB-35108164
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The Rule of Law in Europe: Recent Challenges and Judicial Responses María Elósegui (Editor) Digital Instant Download

Author(s): María Elósegui (editor), Alina Miron (editor), Iulia Motoc (editor)

ISBN(s): 9783030560003, 3030560007

Edition: 1st ed. 2021

File Details: PDF, 2.99 MB

Year: 2021

Language: English

SKU: EB-35108164 Categories: Politics & Philosophy - Government & Politics, Society Tags: Alina Miron (editor), Iulia Motoc (editor), María Elósegui (editor)

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The Rule of Law in Europe Recent Challenges and Judicial Responses 1st Edition by María Elósegui, Alina Miron, Iulia Motoc – Ebook PDF Instant Download/Delivery: 9783030560003 ,3030560007
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Product details:
ISBN 10: 3030560007
ISBN 13: 9783030560003
Author: María Elósegui, Alina Miron, Iulia Motoc

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 onthe 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.

The Rule of Law in Europe Recent Challenges and Judicial Responses 1st Edition Table of contents:

Part I. Defending the Rule of Law in Emergency Regimes

The Rule of Law Principle in the Jurisprudence of the Court of Justice of the European Union

How State of Emergency Affects Democracy: Fair Trial for Political Activists

La Défense de l’Etat de Droit en Période d’Exception : l’Exemple Récent de la France sous Etat d’Urgence

The Rule of Law and Property

Part II. Challenges and Safeguards of the Independence of Justice

The Independence of Judiciary Within the Political Dimension

The Independence of the Judiciary in the Jurisprudence of the European Court of Human Rights: The Case of Baka v. Hungary

Judges’ Freedom of Expression and Their Independence: An Ambivalent Relationship

UN Actions and Programs in Safeguarding the Independence of Judges

Social Media Communication by Judges: Assessing Guidelines and New Challenges for Free Speech and Judicial Duties in the Light of the Convention

Part III. Freedom of Expression

The Strasbourg Case Law on the Limits of Free Speech: A Few Legal-Theoretical Issues

Freedom of Expression, Offences to Religion and Public Morals in Strasbourg Case Law

The Responsibility of Internet Portal Providers for Readers’ Comments. Argumentation and Balancing in the Case of Delfi AS v. Estonia

Axel Springer AG v. Germany, or: How to Perform Limited Review

Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, Conflict of Rights, and the Notion of Responsible Journalism

The Right to Respect for a Journalist’s Private Life: Combined Analysis of Articles 8 and 10 of the Convention. Case Khadija Ismayilova v. Azerbaijan

Freedom of Expression, Sliding-Scales, and Fake News

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Tags: María Elósegui, Alina Miron, Iulia Motoc, Law, Europe, Recent Challenges, Judicial Responses