Search

Begin New Search Topic Rule of Law Publication Year within 10 Years Publication Year within 5 Years

21. Exploring avenues in the EU’s rule of law crisis: What role for the Netherlands?

Author:
Luuk Molthof, Nienke van Heukelingen, and 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, and Institutions
Political Geography:
Europe, Finland, Belgium, Denmark, Sweden, and Netherlands

22. Rule of Law Diplomacy: Why the EU Needs to Become More Vocal in Georgia, Moldova, and Ukraine

Author:
Laura Gelhaus, Pavel Havlíček, and 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, and Rule of Law
Political Geography:
Europe, Ukraine, Moldova, Georgia, and United States of America

23. Protecting checks and balances to save the Rule of Law

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, and Rule of Law
Political Geography:
Europe and Poland

24. “No Going Backward”: Afghanistan’s Post–Peace Accord Security Sector

Author:
Annie Pforzheimer, Andrew Hyde, and Jason Criss Howk
Publication Date:
03-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Failure to plan realistically for needed changes in Afghanistan’s security sector following a peace settlement—and failure to start phasing in changes now—will lead to post-settlement instability. This report examines the particular challenges Afghanistan will face, with examples from the climate following peace settlements in other parts of the world offering insight into what may occur and possibilities for response. An Afghan-owned and Afghan-led strategy that incorporates some of this report’s recommendations can help create a lasting foundation for Afghan and regional stability.
Topic:
Security, Political stability, Rule of Law, Peace, and Justice
Political Geography:
Afghanistan and South Asia

25. Extending Constitutional Rights to Pakistan’s Tribal Areas

Author:
Umar Mahmood Khan, Rana Hamza Ijaz, and Sevim Saadat
Publication Date:
04-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
When Pakistan’s Federally Administered Tribal Areas were officially merged into Khyber Pakhtunkhwa Province in May 2018, the five million residents of the former tribal areas acquired the same constitutional rights and protections—including access to a formal judicial system—as Pakistan’s other citizens. This report, based on field research carried out by the authors, explores the status of the formal justice system’s expansion, finding both positive trends and severe administrative and capacity challenges, and offers recommendations to address these issues.
Topic:
Security, Rule of Law, Justice, and Tribes
Political Geography:
Pakistan and South Asia

26. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

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, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

27. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

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, and Institutionalism
Political Geography:
Europe and Turkey

28. The Role of the Judiciary in Recognizing and Implementing International Law: A Comparative Analysis with Special Reference to Sri Lanka

Author:
K.A.A.N. Thilakarathna
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
Topic:
International Law, Rule of Law, Judiciary, and Jurisdiction
Political Geography:
Asia and Sri Lanka

29. State Capture in Mexico: A Theoretical and Historical Review

Author:
Gerardo Rodríguez Sánchez Lara
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.
Topic:
Rule of Law, Financial Crimes, Impunity, Organized Crime, and State Capture
Political Geography:
Mexico

30. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland