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Full-Text Articles in Law
Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola
Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The rule of law in the EU is in crisis. The independence of national judiciaries in Hungary and Poland is under attack by governments that call themselves ‘illiberal’ democracies. Not surprisingly, scholars pointing to the cracks in the EU architecture have offered some solutions to avoid its collapse. These solutions range from the Commission enforcing a rule of law framework by bringing systemic infringement actions based on democratic values enshrined in Article 2 of the Treaty on European Union (TEU) or by cutting EU cohesion funds to the autocrats. Both solutions seem to have been taken seriously in Luxembourg …
Legal Scholarship And External Critique In Eu Law, Fernanda Giorgia Nicola Dr., Daniela Caruso
Legal Scholarship And External Critique In Eu Law, Fernanda Giorgia Nicola Dr., Daniela Caruso
Contributions to Books
The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …