TY - BOOK ID - 85811979 TI - The rule of law in Europe : recent challenges and judicial responses AU - Miron, Alina AU - Motoc, Iulia AU - Elósegui Itxaso, María PY - 2021 SN - 3030560015 9783030560010 3030560007 PB - Cham, Switzerland : Springer, DB - UniCat KW - Rule of law KW - Supremacy of law KW - Administrative law KW - Constitutional law KW - Human rights. KW - Civil rights. KW - Law (Philosophical concept) KW - Law (Philosophy) KW - Philosophy KW - Basic rights KW - Civil liberties KW - Civil rights KW - Constitutional rights KW - Fundamental rights KW - Rights, Civil KW - Human rights KW - Political persecution KW - Civil rights (International law) KW - Rights, Human KW - Rights of man KW - Human security KW - Transitional justice KW - Truth commissions KW - Law and legislation UR - https://www.unicat.be/uniCat?func=search&query=sysid:85811979 AB - This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term lliberal democracies is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government. ER -