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You searched for: Political Geography Europe Remove constraint Political Geography: Europe Publication Year within 10 Years Remove constraint Publication Year: within 10 Years Publication Year within 5 Years Remove constraint Publication Year: within 5 Years Topic Rule of Law Remove constraint Topic: Rule of Law
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  • Author: Luuk Molthof, Nienke van Heukelingen, Giulia Cretti
  • Publication Date: 08-2021
  • Content Type: Policy Brief
  • Institution: Clingendael Netherlands Institute of International Relations
  • Abstract: Despite the existence of an extensive ‘rule of law toolbox’, the EU has found it difficult to deal with rule of law issues. Many experts attribute the EU’s failure to act to a lack of political will and determination on the part of EU institutions and member states. However, not all actors are lacking in political will (equally). The Netherlands, for instance, has been very concerned about the erosion of the rule of law inside the EU and has been one of the more active member states – along with, for instance, Belgium, Finland, Sweden and Denmark – in trying to address the EU’s rule of law crisis. In this policy brief, we examine three possible avenues available to the Netherlands to strengthen the political will of EU institutions and (like-minded) peers to assertively address this crisis and to increase pressure on backsliding member states to safeguard the rule of law.
  • Topic: European Union, Democracy, Rule of Law, Institutions
  • Political Geography: Europe, Finland, Belgium, Denmark, Sweden, Netherlands
  • Author: Laura Gelhaus, Pavel Havlíček, Stefan Meister
  • Publication Date: 07-2021
  • Content Type: Policy Brief
  • Institution: German Council on Foreign Relations (DGAP)
  • Abstract: Supporting the rule of law has been central to the EU’s Eastern Partnership (EaP) policy since 2009. There has been very limited success in this, however. The EU’s core problem is what is usually its strength: addressing a highly politicized area through a technical approach. EU policymakers need to acknowledge that their political silence is permitting ruling elites in EaP countries to block progress in the rule of law and that the EU is failing to call out pervasive systems of informality there.
  • Topic: Diplomacy, European Union, Partnerships, Rule of Law
  • Political Geography: Europe, Ukraine, Moldova, Georgia, United States of America
  • Author: Benjamin Nurkic
  • Publication Date: 03-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
  • Topic: Law, Reform, Constitution, Rule of Law, Legal Aid
  • Political Geography: Europe, Bosnia and Herzegovina
  • Author: Etleva Paplekaj
  • Publication Date: 06-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
  • Topic: Reform, Democracy, Constitution, Political stability, Rule of Law, Institutionalism
  • Political Geography: Europe, Turkey
  • Author: Eric Maurice
  • Publication Date: 04-2021
  • Content Type: Policy Brief
  • Institution: Robert Schuman Foundation (RSF)
  • Abstract: For half a decade, the Polish government has been reshaping the country's judicial system in a process described by the European Union as a "threat to the rule of law". Despite numerous Council of Europe reports and resolutions, several infringement proceedings and decisions of the Court of Justice of the European Union (ECJ), and the unprecedented activation of the so-called Article 7 procedure of the Treaty on European Union (TEU), the transformation of the judiciary into relays of political power has continued and accelerated since the Law and Justice Party (PiS) won a new term in 2019 and the reelection of President Andrzej Duda in 2020, pushing Poland to the limits of the European legal order.
  • Topic: Government, European Union, Courts, Rule of Law
  • Political Geography: Europe, Poland
  • Author: Greg Delawie
  • Publication Date: 09-2020
  • Content Type: Journal Article
  • Journal: The Ambassador's Review
  • Institution: Council of American Ambassadors
  • Abstract: Kosovo, which declared independence from Serbia in 2008, is the most pro-American country in the world. From 2012 to 2013, it was also the world’s per-capita biggest source of foreign terrorist fighters (FTFs) in Syria. It would seem those two statements could not possibly both be true, but they are. This is the story of how the professional diplomats at the U.S. Embassy in Pristina, aided by experts from the United States, played a major role in helping the new country bring the FTF problem under control for our mutual benefit. Between 2012 (when the Syrian civil war started) and 2016, more than 300 Kosovo citizens went to fight with al-Nusra, or ISIS. U.N. Development Program analysts who interviewed FTFs identified two categories of reasons for this phenomenon: “push factors” and “pull factors.” Among the push factors were Kosovo’s poverty, weak rule of law (enabling porous borders), corruption and high unemployment, especially among the young (60%, compared to 30% overall, in a population with 50% age 25 or younger). The pull factors were more complicated: After the 1998-1999 Kosovo war, “humanitarian” NGOs from the Middle East came to build mosques and provide aid, also importing Wahabi-style Islam, which is very different from Kosovo’s Hanafi Islamic tradition. Some Kosovo imams trained in Middle Eastern religious schools came back with a more radical Islam. ISIS recruiters proclaimed a religious duty for Kosovars to help Syrian Muslims threatened by Syrian President Bashar al-Assad. Radical imams operating outside the Kosovo Islamic community recruited young men, often offering computer or English classes as bait.
  • Topic: Terrorism, Counter-terrorism, Conflict, Rule of Law
  • Political Geography: Europe, Kosovo, Balkans
  • Author: Chris Raggett
  • Publication Date: 03-2020
  • Content Type: Policy Brief
  • Institution: European Council On Foreign Relations
  • Abstract: European governments have failed to prevent corrupt actors from laundering hundreds of billions of dollars through the international financial system and their own economies. This breakdown in the rule of law empowers kleptocratic regimes across the globe, which capitalise on the political culture underpinning Europe’s approach to globalisation. Western governments create a negative feedback loop that hinders their foreign policy initiatives when they treat corruption in other countries as an inherent part of the local culture. European policymakers should aim to catch up with, and overtake, their US counterparts on anti-money laundering regulation and enforcement. European countries should create national institutions – and an international coalition of Western states – that are dedicated to countering kleptocrats.
  • Topic: Foreign Policy, Corruption, European Union, Rule of Law, Financial Crimes, Impunity
  • Political Geography: Europe
  • Author: Katerina Davidova, Vít Havelka, Jana Juzová, Christian Kvorning Lassen, Danielle Piatkiewicz, Zuzana Stuchlíková
  • Publication Date: 09-2020
  • Content Type: Commentary and Analysis
  • Institution: Europeum Institute for European Policy
  • Abstract: Experts from EUROPEUM Institute for European Policy comment on the State of the Union address (SOTEU) given by the President of the European Commission Ursula von der Leyen on 16 September 2020. Topics of the commentaries: Christian Kvorning Lassen: General Impressions – A Visionary Speech Challenged by Political Reality; Christian Kvorning Lassen: A Stronger European Health Union is Needed; Christian Kvorning Lassen: Migration – Ambitious rhetoric, dubious feasibility; Danielle Piatkiewicz: Multilateralism: Europe’s Call to Global Action – Taking the Lead; Kateřina Davidová: EU’s climate momentum not quashed by the pandemic as new target is presented; Jana Juzová: European Neighbourhoods – Vague Reassurances, Economy First; Zuzana Stuchlíková: Next Generation EU, Rule of Law and Conference on the Future of Europe; Vít Havelka: The EU and the UK fights over blame for Brexit fiasco
  • Topic: Climate Change, Health, Migration, European Union, Multilateralism, Rule of Law
  • Political Geography: Europe
  • Author: Milan Nič, Roderick Parkes, Siawomir Sierakowski, Shahin Vallée
  • Publication Date: 11-2020
  • Content Type: Policy Brief
  • Institution: German Council on Foreign Relations (DGAP)
  • Abstract: Hungary and Poland are threatening to veto the EU’s new budgetary arrangements if other governments apply the rule of law mechanism to them. It is becoming clear, however, that the new EU financial framework, and the much-heralded recovery fund, are more vital to Eastern Europe than to Europe’s South and that time is not on the side of the former. Awareness of this fact allows for a cool assessment of the pair’s bargaining positions – and of the precedent that any hasty resolution to the crisis will set.
  • Topic: Government, Budget, European Union, Rule of Law
  • Political Geography: Europe, Eastern Europe
  • Author: Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, Maria Krell
  • Publication Date: 11-2020
  • Content Type: Special Report
  • Institution: Center for Social and Economic Research - CASE
  • Abstract: The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
  • Topic: Economic Growth, Rule of Law, Trade, Economic Development
  • Political Geography: Europe, Poland, Germany