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Cracks in the Foundations: Understanding the Great Rule of Law Debate in the EU
| Content Provider | Semantic Scholar |
|---|---|
| Author | Magen, Amichai |
| Copyright Year | 2016 |
| Abstract | The article offers a succinct conceptual and analytical framework for approaching the ‘great rule of law debate’ currently unfolding in the EU (European Union) and the contending positions of the various EU institutions embroiled in it. It addresses the challenge of conceptualization imbued in the notion of the rule of law, and critically examines the definition of the concept provided by the EC (European Commission). It then demonstrates that over the course of modern European integration, the rule of law emerged as a central dimension in four distinct core areas of EC/EU identity and activity. Should the contemporary crisis of foundational values persist or deepen, each of the four is expected to be adversely affected. Finally, the article explores the emerging ‘rule of law turn’ in the EU. This article is part of the September 2016 Symposium titled ‘The Great Rule of Law Debate in the EU’, which also includes The Great Rule of Law Debate in the EU by Dimitry Kochenov, Amichai Magen and Laurent Pech (DOI:), Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation by Dimitry Kochenov and Laurent Pech (DOI:), Strengthening the Rule of Law in the EU: The Council's Inaction by Peter Oliver and Justine Stefanelli (DOI:), The European Parliament's Role: Towards New Copenhagen Criteria for Existing Member States? by Judith Sargentini and Aleksejs Dimitrovs (DOI:), Upholding Shared Values in the EU: What Role for the EU Agency for Fundamental Rights? by Gabriel N. Toggenburg and Jonas Grimheden (DOI:) |
| Starting Page | 1050 |
| Ending Page | 1061 |
| Page Count | 12 |
| File Format | PDF HTM / HTML |
| DOI | 10.1111/jcms.12400 |
| Volume Number | 54 |
| Alternate Webpage(s) | https://www.idc.ac.il/en/schools/government/research/Documents/Magen-2016-JCMS-_Journal_of_Common_Market_Studies%20(1).pdf |
| Alternate Webpage(s) | https://doi.org/10.1111/jcms.12400 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
