The Rule of Law in Europe: Recent Challenges and Judicial Responses

The rule of law in Europe has been under strain due to external and internal factors, such as the rise of illiberal democracies and emergency regimes. This book discusses how courts could provide the ultimate line of defense in safeguarding the judicial guarantees designed to protect core European values beyond the discretion of government.

Format: Paperback / softback
Length: 288 pages
Publication date: 21 April 2022
Publisher: Springer Nature Switzerland AG

The challenges facing European democracies in recent years have been the subject of extensive discussion in this book. Over the past decade, Europe has experienced a strain on its rule of law, influenced by both external and internal factors. The term "illiberal democracies" has been used to describe the rise of a phenomenon where the fundamental values of the European legal order, as enshrined in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, are being questioned. The preservation of the independence of the judiciary, the freedom of expression, and the protection of journalists are among the values that are under threat.

However, these challenges are not limited to newer democracies; older democracies have also grappled with the emergence of emergency regimes. As evidenced by the European Union's sanctions regime, striking a balance between security and the rule of law, which includes fundamental rights, is a constant challenge.

The book delves into the responses of European courts to these threats, exploring how they can serve as the ultimate line of defense. It examines how courts can safeguard the judicial guarantees designed to protect core European values beyond the discretion of government. By examining the role of courts in upholding the rule of law, the book offers valuable insights into the strength and resilience of European democracies in the face of adversity.

The acid test of the rule of law may indeed be its ability to safeguard the judicial guarantees that protect essential European values, even in the face of political pressure and challenges. This book contributes to the ongoing debate about the future of democracy and the role of the judiciary in preserving and protecting democratic principles.

Weight: 462g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030560034
Edition number: 1st ed. 2021