The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

Erscheinungsjahr 2020
ISBN: 978-1-5099-1505-7
Verlag: HART PUB

Buch, Englisch, 320 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 642 g

Reihe: EU Law in the Member States

Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.

Autoren/Hrsg.

Avbelj, Matej

Cernic, Jernej Letnar

Adams-Prassl, Jeremias

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

1. Constitutional Backsliding in Central and Eastern Europe in Lieu of Back to Europe
I. Introduction
II. The Argument of this Book
III. Acknowledgments
2. The Genesis of Slovenian Constitutional Democracy
I. A People that Came from Nowhere
II. The Road to Independence and Construction of a New Constitutional Legal Order
III. Slovenia as a Constitutional Democracy
IV. The Sociology of Slovenian Constitutional Order
V. A Semi-Permanent Transition and the New Normal
3. Historical Reasons for Failures of the Rule of Law and Constitutional Democracy in Slovenia
I. Introduction
II. The Pitfalls of the Past
III. Transitional Justice Measures
IV. The Impact of the Unresolved Past on the Rule of Law and Democracy
V. Conclusion
4. The (Non) Reforms of Slovenia's Economy
I. Introduction
II. Slovenia's Economy in the 19th and the Early 20th Century
III. The Centrally Planned Times of the SFRY and the Pretransition Era
IV. State of Play after Independence
V. The Crash: The 2008 Global Financial Crisis
VI. Differences in Some Policies
VII. Analysis of Different Economic Concepts
VIII. Conclusion
5. The Current Crises of Human Rights Protection, the Rule of Law and Democracy in Slovenia
I. Introduction
II. The Current Crises of Human Rights Protection in Slovenia
III. The Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
IV. Theorising Reasons for the Current Crises of the Rule of Law and Constitutional Democracy in Slovenia
V. Conclusion
6. The Judiciary and the Rule of Law in Slovenia
I. Introduction
II. Systemic Violation of the Right to a Trial in a Reasonable Time
III. Challenges to Judicial Independence
IV. Impartiality of the Judiciary
V. Ordinary Courts and Human Rights Protection
VI. Distrust of the Judiciary
VII. Conclusion
7. The Vicious Circle of Slovenian Democracy
I. Introduction
II. Three Crises of Input Legitimacy
III. The Crisis of Throughput Democratic Legitimacy
IV. The Crisis of Output Legitimacy
V. Conclusion
8. Freedom of Press under Stress in Slovenia
I. Introduction
II. The Constitutional and Institutional Frameworks of Press Freedom in Slovenia
III. Freedom of the Press under Stress in Slovenia
IV. Overall Assessment
V. Conclusion
9. Welfare State and Solidarity in Slovenia
I. Introduction
II. (In)equality, Equal Capabilities and Socioeconomic Livehoods in Slovenia
III. The Normative Protections of Welfare State and Socioeconomic Rights in Slovenia
IV. Regional Inequality in Slovenia
V. The Impact of Weak Rule of Law and Constitutional Democracy on the Level of Welfare State and
Socioeconomic Rights in Slovenia
VI. The Future of the Welfare State and Human Development in Slovenia
VII. Conclusion
10. The Influence of the Council of Europe on the Rule of Law in Slovenia
I. Introductory Remarks
II. The European Commission for Democracy through Law
III. The Commissioner for Human Rights of the Council of Europe
IV. The European Court of Human Rights
V. Conclusion
11. The Impact of the European Union on Constitutional Democracy in Slovenia
I. Pre-Accession Phase
II. Poster-Child Membership Phase
III. Post-Crisis Phase
IV. Conclusion
12. The Case for a Resilient Constitutional Democracy
I. The Concentric Circles of Western Democratic Decay
II. In Pursuit of a Resilient Constitutional Democracy
III. Why is the East More Fragile than the West?
IV. Democratic and Academic Decay
V. Making the Case for a Resilient Constitutional Democracy
VI. What Can the Council of Europe Add to its Existing Activities to Strengthen the Resilience of Constitutional
Democracy in CEE Countries?
VII. By Way of Conclusion: Concrete Proposals for the Reform of Slovenia's Constitutional Democracy

Über Autor(innen)

Avbelj, Matej
Matej Avbelj is Professor of European Law at the New University, Slovenia.

Cernic, Jernej Letnar
Jernej Letnar Cernic is Associate Professor of Human Rights and Constitutional Law at the New University, Slovenia.

Matej Avbelj is Professor of European Law and Jernej Letnar Cernic is Associate Professor of Human Rights Law, both at the Faculty of Government and European Studies, New University, Slovenia.