The triangular relationship between fundamental rights, democracy and the rule of law in the EU: towards an EU Copenhagen mechanism

"This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play’ and critical account of EU-level policy and leg...

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Main Authors: Carrera, Sergio, Guild, Elspeth, Hernanz, Nicholas
Institution:ETUI-European Trade Union Institute
Format: TEXT
Language:English
Published: Brussels 2013
CEPS
Subjects:
Online Access:https://www.labourline.org/KENTIKA-19122080124919402629-The-triangular-relationship-be.htm
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author Carrera, Sergio
Guild, Elspeth
Hernanz, Nicholas
author_facet Carrera, Sergio
Guild, Elspeth
Hernanz, Nicholas
collection Library items
description "This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play’ and critical account of EU-level policy and legal mechanisms assessing the relationship between rule of law, democracy and fundamental rights in the member states of the Union. The cross-cutting challenges affecting their uses, effective implementation and practical operability constitute a central point of the analysis. The study argues that the relationship between rule of law, democracy and fundamental rights is co-constitutive. Any future rule of law-related policy discussion in the EU should start from an understanding of the triangular relationship between these dimensions from the perspective of ‘democratic rule of law with fundamental rights’, i.e. the legally based rule of a democratic state that delivers fundamental rights. The three criteria are inherently and indivisibly interconnected, and interdependent on each of the others, and they cannot be separated without inflicting profound damage to the whole and changing its essential shape and configuration."
format TEXT
geographic EU countries
id 19122080124919402629_37ed3c61382a488fa914a60713976755
institution ETUI-European Trade Union Institute
is_hierarchy_id 19122080124919402629_37ed3c61382a488fa914a60713976755
is_hierarchy_title The triangular relationship between fundamental rights, democracy and the rule of law in the EU: towards an EU Copenhagen mechanism
language English
physical 93 p.
Digital
publishDate 2013
publisher Brussels
CEPS
spellingShingle Carrera, Sergio
Guild, Elspeth
Hernanz, Nicholas
democracy
EU Charter of Fundamental Rights
EU law
human rights
The triangular relationship between fundamental rights, democracy and the rule of law in the EU: towards an EU Copenhagen mechanism
thumbnail https://www.labourline.org/Image_prev.jpg?Archive=136978095415
title The triangular relationship between fundamental rights, democracy and the rule of law in the EU: towards an EU Copenhagen mechanism
topic democracy
EU Charter of Fundamental Rights
EU law
human rights
url https://www.labourline.org/KENTIKA-19122080124919402629-The-triangular-relationship-be.htm