The new rule of law conditionality mechanism and its implications on the democratic backsliding in Eastern Europe

Amorelli, Luca (A.A. 2020/2021) The new rule of law conditionality mechanism and its implications on the democratic backsliding in Eastern Europe. Tesi di Laurea in Comparative public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 133. [Master's Degree Thesis]

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Abstract/Index

The concept of conditionality. Definition and fields of application. Positive and negative conditionality. The relation between conditionality and sovereignty. The application of conditionality: the 2004 enlargement. The conditional measures in the EMU accession. The concept of rule of law. The rule of law definition, features and references on the EU treaties and the role of the venice commission. The system for the protection of the rule of law in the European legal context. The rule of law framework. The democratic backsliding. The rule of law problem in Europe: the democratic backsliding in Poland and Hungary. The CJEU’s central role: the peculiar interpretation of art.2 and art. 19 TEU with regard to art. 47 of the EU charter of fundamental rights. The rule of law conditionality mechanism. The structural problems of the European legal framework. The rule of law conditionality mechanism. The analysis of the rule of law conditionality mechanism.

References

Bibliografia: pp. 104-108. Sitografia: pp. 109-110.

Thesis Type: Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Master's Degree Programs > Master's Degree Program in International Relations (LM-62)
Chair: Comparative public law
Thesis Supervisor: Fasone, Cristina
Thesis Co-Supervisor: Simoncini, Marta
Academic Year: 2020/2021
Session: Extraordinary
Deposited by: Alessandro Perfetti
Date Deposited: 01 Sep 2022 14:08
Last Modified: 01 Sep 2022 14:08
URI: https://tesi.luiss.it/id/eprint/33166

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