Includes bibliographical references. Contributions presented at a conference held March 23-4, 2018 at the University of Sofia "St. Kliment Ohridski", Faculty of Law in Sofia Bulgaria.
Contents:
Rule of law infringements in the field of European structural and Investment funds management / Savina Mihaylova. The rule of law principle as a criterion for validity of legal acts / Yanaki Stoilov -- Rule of law as the construction principle of the legal system / Micha¿ Peno & Jacek Jaskiewicz -- Principle of subsidiarity in the European system and in the Italian system / Sara Cicchelli -- Sovereignty of law and the legal state : a contemporary point of view on the theory of Hugo Krabbe / Simeon Groysman -- Rule of law, EU integration and the emergence of a supranational constitutional regime / Monica Bonini -- Rule of law in space of flows / Martin Belov -- Duality of the rule of law in international organizations' practice / Edith Vanspranghe -- The rule of law from the English School perspective : cases of the shifting boundaries of exclusion and inclusion in contemporary international society / Mira Kaneva -- On neo-institutionalism, the Court of Justice of the EU and general principles / Davor Petric -- Internationalization of constitutional law and the role of constitutional courts / Maja Nastic -- Investment arbitration and the international rule of law / Emanuel Castellarin -- Rule of law and solidarity in the European Union : the case of welfare / Matteo Gnes -- Human rights of migrants and democracy / Thomas Gross -- The right to health in the Italian constitution related to the immigration context / Francesco Giulio Cuttaia -- Challenges to the rule of law at the beginning of the twenty-first century with regard to freedom of expression and freedom of information / Dilyan Nachev -- The Constitutional Court as an alternative positive legislator : some reflections on the weakening of the rule of law / Aleksandar Tsekov -- The removal of judges and the rule of law / Wojciech Brzozowski -- French anti-terrorism legislation and the rule of law / Anne Donnier -- Rule of law and corporate criminal liability in the Italian system / Maria Lucia Di Bitonto -- Discretion of the executive power as a display of the rule of law state / Maria Slavova -- Rule of law infringements in the field of European structural and Investment funds management / Savina Mihaylova.
Summary:
This book provides for multi-discursive analysis of the structural challenges to rule of law at the beginning of the XXI Century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational and in many spheres of the social life. The book puts forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. It advances discussion on the relationship of rule of law to other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts - national, international and supranational, as well as of the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analysed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.