Rule of Law Under Threat

Edited by Robert Böttner, Assistant Professor of Public Law, Faculty for Law, Economics and Social Sciences, University of Erfurt and the late Hermann-Josef Blanke, formerly Professor of Public Law, Public International Law and European Integration, Faculty for Law, Economics and Social Sciences, University of Erfurt, Germany

‘The book has many merits to recommend it to a broad public law and political science readership. Methodologically, the book fuses a variety of approaches by academic lawyers and political scientists, including younger and more established scholars.’

• ContentsPreface ix1 The Rule of Law as a Fundamental Value of the Councilof Europe, the European Union and in the ConstitutionalTraditions Common on the Member States 1Juha Raitio2 Measuring the Rule of Law: an Empirical Approach 13Jacek Lewkowicz, Rafał Woźniak and Przemysław Litwiniuk3 Post-accession experience regarding the rule of law 31Herbert Küpper4 The Fall of the Rule of Law and Democracy in Hungaryand the Complicity of the EU 51Gábor Halmai5 Consequences of the Rule of Law Debates for theAccession Process of the States of the Western Balkan 73Pavel Usvatov and Mahir Muharemovic6 Are Judges Politicians in Robes? Comparative Aspects ofthe Recruitment and Election of Judges 94Piotr Mikuli, Natalie Fox and Radosław Puchta7 Rule of Law (Crisis) and the Principle of Mutual Trust 125Konstantina-Antigoni Poulou8 Questioning the Primacy of Union Law by NationalConstitutional Courts 146Udo Bux9 Political Strategies to Overcome the Rule of Law CrisisTaking into Account National Political Discourses – TheCase of East Central European EU Member States 165Astrid Lorenz, Jan Němec, Dietmar Müller, MadeleineHartmann and Dorottya V’g10 The Rule of Law in the European Union and the Toolboxto Defend it: Article 7 TEU, Rule of Law Report andDialogue, Budgetary Conditionality 186Jonathan Bauerschmidt11 Article 7 TEU as ‘Nuclear Option’? An Analysis of itsPotential and its Shortcomings 208Robert Böttner and Nic Schröder12 Financial Sanctions as a Remedy to Enforce the Rule ofLaw in Poland and Hungary 228Malte Symann