The rule of law and EU expansion

Liverpool Law Review

Volumn 24, Issue 1-2, 2002, Pages 73-87

  Mineshima, Dale ^a  

^a UNIVERSITY OF LIMERICK   (Ireland)

Author keywords

Across the EU; Conceptual variations of the rule of law across the EU; Development of legal cultures in prospective EU member states; European Union enlargement; Rule of law; Uniform conceptualisation for rule of law

Indexed keywords

EID: 52649156591     PISSN: 0144932X     EISSN: 15728625     Source Type: Journal    
DOI: 10.1023/a:1021323428769     Document Type: Review

References (44)

1. See W.B. Gallie's five characteristics for determining 'contested concepts' in Maria Luisa Fernandez Esteban, The Rule of Law in the European Constitution, The Hague, London and Boston: Kluwer Law International, 1999, p. 67.
2. The original as cited by Esteban, W.B. Gallie, "Essentially Contested Concepts", in (1955-56) 56 Proceedings of the Aristotelian Society 169,
3. cited by N. MacCormick, "Der Rechtsstaat und die Rule of Law", Juristenzeitung, v.39, 1984, p. 66.
4. Kenneth H. F. Dyson, The State Tradition in Western Europe: a study of an idea and institution (Oxford: Martin Robertson, 1980), pp. 116-117.
5. Comment from interview conducted with a source from the European Parliament, 5 May 1998: 'Yes there is consensus about a common experience of democracy and government within and across the European Union member states. And no, there is not a uniform conception [of the rule of law] because of different nuances; as well as the fact that there seems to exist, North/South or Anglo-Saxon/Continental differences - different attitudes and traditions.'
6. Dyson, The State Tradition in Western Europe, pp. 116-117.
7. Dyson, The State Tradition in Western Europe, pp. 116-117.
8. Dyson, The State Tradition in Western Europe, pp. 37-38;
9. Cecile Laborde, 'The Concept of the State in British and French Political Thought', Political Studies, v.48, n.3, June 2000, pp. 540-557.
10. Dyson, The State Tradition in Western Europe, p. 117.
11. The European Commission, 'Part II. Strengthened aims of co-operation and partnership, the rule of law', Democratisation, State of Law, Communication from the Commission of 12 March 1998, p. 2.
12. The European Commission, 'Part II. Strengthened aims of co-operation and partnership, the rule of law', p. 2.
13. European Parliament, Delegations to the Joint Parliamentary Committee - EP Resolutions on Enlargement, Brussels, 9 December 1997, PE225.134, p. 4.
14. European Parliament, Delegations to the Joint Parliamentary Committee - EP Resolutions on Enlargement, p. 12.
15. The Council of the European Union, Proposal for a Council Regulation (EC) No. Of ...on the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms, COM 97/357, Chapter 1, Article 2 (c), p. 9.
16. Comment made during an interview with a source from the European Commission, Brussels, 6 May 1998.
17. Comment made during an interview with a source from the European Parliament, Brussels, 5 May 1998.
18. Juan J. Linz and Alfred Stepan, 'Toward Consolidated Democracies', Journal of Democracy, v.7, n.2, April 1996, pp. 14-33.
19. This was illustrated in the European Commission document Democratisation, State of Law. Communication from the Commission of 12 March 1998, 'Part II. Strengthened aims of co-operation and partnership, A) Human Rights, the role of democratic principles', http://europa.eu.int/comm/development/lex/en/1998/ com_98_0146_03.htm, p. 2 - where under the rule of law section, it stated: '4. The primacy of the law is a fundamental principle of any democratic system seeking to foster and promote rights, whether civil and political or economic, social and cultural. This entails means of recourse enabling individual citizens to defend their rights. The principle of placing limitations on the power of the State is best served by a representative government drawing its authority from the sovereignty of the people. The principle must shape the structure of the State and the prerogatives of the various powers. It implies, for example: a legislative respecting and giving full effect to human rights and fundamental freedoms; an independent judiciary; effective and accessible means of legal recourse; a legal system guaranteeing equality before the law; a prison system respecting the human person; a policy force at the service of the law; an effective executive enforcing the law and capable of establishing the social and economic conditions necessary for life in society.'
20. Communication from the Commission of 12 March 1998 on Democratisation, the Rule of Law, Respect for Human Rights and Good Governance: The Challenges of the Partnership Between the European Union and the ACP States, Annex I - Key stages in taking account of human rights, democratic principles and the rule of law in external relations, p. 18; COM(95) 216 Final, 23 May 1995.
21. European Parliament, Delegations to the Joint Parliamentary Committees, EP Resolutions on Enlargement, p. 2.
22. European Parliament, Delegations to the Joint Parliamentary Committees, EP Resolutions on Enlargement, p. 4.
23. Proposal for a Council Regulation (EC) No. of... On the Development and Consolidation for Human Rights and Fundamental Freedoms, pp. 7-8.
24. Commission of the European Communities, Report From the Commission on the implementation of measures intended to promote observance of human rights and democratic principles (for 1995), Brussels, 17.01.1997, COM (96) 672 final, p. 8;
25. Proposal for a Council Regulation (EC) No. of... On the Development and Consolidation for Human Rights and Fundamental Freedoms, p. 9.
26. John Pinder, 'The European Community, the Rule of Law and Representative Government: The Significance of the Intergovernmental Conferences', Government and Opposition, v.26, n.2, Spring 1991, p. 199.
27. Comment made during an interview with a source from the European Parliament, Brussels, 5 May 1998.
28. Comment made during an interview with a source from the European Parliament, Brussels, 5 May 1998; also reiterated in another interview conducted with a source from the European Commission, Brussels, 5 May 1999.
29. Amaryllis Verhoeven, 'How Democratic Need European Union Members Be? Some Thoughts After Amsterdam', European Law Review, v.23, June 1998, pp. 217-234.
30. The European Commission, 'Part II. Strengthened aims of co-operation and partnership, the rule of law', p. 2.
31. Comment made during an interview with a source from the European Commission, Brussels, 5 May 1999.
32. Aleksandor Smolar, 'Democratic Institution-Building in Eastern Europe', Problems of Communism, v.41, n.1-2, January-April 1992, pp. 69-71.
33. Ognian Pishev, 'Dilemmas of the Transition Period', Problems of Communism, v.41, n.1-2, January-April 1992, pp. 66-68.
34. Smolar, 'Democratic Institution-Building in Eastern Europe', pp. 69-71.
35. Comment made during an interview with a source from the European Commission, Brussels, 4 May 1999.
36. Comment made during an interview with a source from the European Commission, Brussels, 4 May 1999.
37. European Commission, Directorate-General I.A. - External Relations and Directorate-General II: Economic and Financial Affairs, Joint G-24/Consultative Group Meeting on Bulgaria, Background Paper: Relations between the European Union and the Republic of Bulgaria, Brussels, 21 April 1999, p. 7.
38. European Commission, Directorate-General I.A. Background Paper: Relations between the European Union and the Republic of Bulgaria, p. 8.
39. András Sájó and Vera Losonci, 'Rule by Law in East Central Europe: Is the Emperor's New Suit a Straightjacket?', in Douglas Greenberg, Stanley N. Katz, Melanie Beth Oliviero and Steven C. Wheatley (Eds.), Constitutionalism & Democracy: Transitions in the Contemporary World, New York and Oxford: Oxford University Press, 1993, pp.321-335.
40. Sájó and Losonci, 'Rule by Law in East Central Europe: Is the Emperor's New Suit a Straightjacket?', pp. 321-335.
41. Leon Podkaminer, 'EU Membership For the Transition Countries: A Moving Target?', The Vienna Institute Monthly Report, v.1, 1999, p. 2.
42. Podkaminer, 'EU Membership For the Transition Countries: A Moving Target?', p. 2.
43. Podkaminer, 'EU Membership For the Transition Countries: A Moving Target?', p. 2.
44. Comment made during an interview with a source from the European Parliament, Brussels, 5 May 1998.