Central European Judges Under the European Influence: The Transformative Power of the EU Revisited

The 2004 EU enlargement saw predictions about Central European judges' approaches, capacity, and ability. This volume revisits these predictions and assesses the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of EU membership, offering insights into the process of (non) Europeanization of national legal systems and cultures.

\n Format: Paperback / softback
\n Length: 464 pages
\n Publication date: 28 December 2017
\n Publisher: Bloomsbury Publishing PLC
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The 2004 EU enlargement marked a significant moment in the region, with predictions being made about the approaches, capacity, and ability of Central European judges who were soon to join the Union. Optimistic voices foresaw the profound transformative power that Europe would wield in shaping the judicial mentality and practices of the new Member States, envisioning a shift towards a more liberal and humanistic approach to justice. At the same time, gloomy pictures emerged of post-Communist limited formalism and mechanical jurisprudence that seemed resistant to reform, potentially undermining the foundations of mutual trust and recognition upon which the judicial system of the Union was built.

Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of EU membership. By comparing the situation in a number of Central European Member States, including Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria, and Romania, the volume offers unique insights into the process of (non) Europeanization of national legal systems and cultures.

The first chapter provides an overview of the historical and political context in which the EU enlargement took place, highlighting the challenges and opportunities that the new Member States faced. It explores the impact of the Cold War on Central Europe, the transition to democracy, and the process of legal and judicial reform in the region. The chapter also examines the role of the EU in shaping the legal and judicial landscape of Central Europe, including the influence of EU law, the European Court of Justice, and the European Convention on Human Rights.

The second chapter focuses on the judicial mentality and practices of Central European judges. It explores the historical, cultural, and social factors that have influenced the development of the judicial system in the region, including the influence of the Roman Catholic Church, the legacy of communism, and the impact of globalization. The chapter also examines the role of judges in shaping the legal and judicial landscape of Central Europe, including their role in interpreting and applying EU law, their independence from political influence, and their commitment to the rule of law.

The third chapter examines the institutions and constitutionality of Central European judicial systems. It explores the structure and organization of the courts, the role of the judiciary in the political system, and the role of constitutional courts in protecting the rights and freedoms of individuals. The chapter also examines the challenges and opportunities that Central European judicial systems face in the context of EU membership, including the impact of EU law on national legal systems, the role of the European Court of Justice in interpreting EU law, and the potential for judicial review of EU legislation.

The fourth chapter explores the process of (non) Europeanization of national legal systems and cultures. It examines the ways in which Central European Member States have adapted to EU law and the European Convention on Human Rights, as well as the ways in which they have resisted or challenged EU integration. The chapter also examines the impact of EU membership on national legal systems and cultures, including the influence of EU law on national legal traditions, the role of national courts in interpreting EU law, and the potential for the development of a common European legal culture.

The fifth chapter concludes the volume by reflecting on the lessons learned from the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of EU membership. It examines the successes and failures of the EU in shaping the legal and judicial landscape of Central Europe, as well as the challenges and opportunities that the region faces in the future. The chapter also suggests some potential areas for further research and analysis in the field of Central European legal studies.

In conclusion, the 2004 EU enlargement marked a significant moment in the region, with predictions being made about the approaches, capacity, and ability of Central European judges who were soon to join the Union. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of EU membership. By comparing the situation in a number of Central European Member States, the volume offers unique insights into the process of (non) Europeanization of national legal systems and cultures. The book concludes by reflecting on the lessons learned from the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of EU membership and suggesting some potential areas for further research and analysis in the field of Central European legal studies.

\n Weight: 696g\n
Dimension: 159 x 236 x 28 (mm)\n
ISBN-13: 9781509918362\n \n