HauptbeschreibungThe Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a "structured requirement of a state governed by the rule of law" (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this happens, it.

Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

The new edition of the report of the European Commission For The Efficiency of Justice (CEPEJ), which evaluates the functioning of the judicial systems of 45 Council of Europe member states, remains in line with the process carried out since 2002. it relies on a methodology, which has already proved itself, To collect and process a wide range of quantitative and qualitative judicial data. This unique study has been conceived above all as a public policy tool aimed at improving the efficiency And The quality of justice. The CEPEJ's objective is to have the knowledge in order to be able to understand, analyse and reform. This report is intended for policy makers, legal practitioners and researchers as well as for those who are interested in the functioning of justice in Europe.

OLAF (the European Anti-Fraud Office) was established by the Commission in 1999, following the collapse of its predecessor UCLAF, and its role is to protect the financial interests of the EU and to fight fraud and corruption within the EU's institutions or within individual EU member states. Its efficiency and effectiveness are currently under review, and the Commission has brought forward a proposal designed to improve OLAF's operational efficiency, improve information flows and protect the rights of individuals under investigation. The Committee's report judges that this proposal is premature and unlikely to enhance OLAF's accountability or independence. It also notes that the future of OLAF has become entwined with the debate over the post of European Public Prosecutor, and that the Commission should not allow this to distract its focus from examining how OLAF can be made more effective in the fight against fraud.

This 2017 Article IV Consultation highlights that the Bulgarian economy is performing well. Growth has been on an upward trend and is estimated to reach 3.8 percent in 2017 and 2018, driven by strong exports, easier financial conditions, and growing confidence. The current account remained in surplus in 2017, despite rapid wage growth. The economy shows signs of a closing output gap. Headline inflation turned positive in 2017 and inflationary pressure is rising. Fiscal outcomes have been stronger than budgeted in recent years, reflecting mainly revenue overperformance and under-execution of capital spending. The main challenge is to translate this recent recovery into sustained and inclusive growth and convergence with other European Union countries.

This book explores the judicial transformations in the Southern Mediterranean region and the mechanisms that trigger these changes. It analyses judicial reforms in Jordan and Morocco in the context of the EU policies to promote and diffuse democratic principles and practices in the MENA region. Based on original empirical research, the book reports findings on how networks of actors involved in the implementation of programs funded by the EU handle policy ideas and interests, and by doing so influence policy outcomes. This study covers both the institutional and the organizational/managerial dimensions of justice, thus shedding light on the two most relevant and critical factors for innovations in the domain of justice.