This book offers a powerful new lens on one of the EU''s most pressing challenges: the erosion of the rule of law. A must-read for anyone concerned with the future of democracy in Europe, the book places the EU''s struggle in a broader comparative context, arguing that these challenges are not unique to the European Union. Drawing on the historical experience of the USA - a federal system that has weathered its own periods of constitutional backsliding - the book explores how similar crises have been addressed elsewhere. By comparing judicial, institutional, and financial responses across the EU and the USA, the book identifies common patterns, divergent strategies, and insights into how the rule of law can be safeguarded in the Member States. It highlights the structural similarities between the two legal systems and offers fresh insights into how federal unions can respond to democratic erosion. With detailed analysis of both past and present rule of law challenges, this book offers valuable insights for legal scholars, policymakers, and practitioners working to resolve the rule of law of crisis and uphold democratic values within the EU and beyond.

Autorentext
Niels F Kirst is Assistant Professor of European Law at Dublin City University, Ireland.

Klappentext

This book offers a powerful new lens on one of the EU's most pressing challenges: the erosion of the rule of law.

A must-read for anyone concerned with the future of democracy in Europe, the book places the EU's struggle in a broader comparative context, arguing that these challenges are not unique to the European Union. Drawing on the historical experience of the USA - a federal system that has weathered its own periods of constitutional backsliding - the book explores how similar crises have been addressed elsewhere.

By comparing judicial, institutional and financial responses across the EU and the USA, the book identifies common patterns, divergent strategies, and insights into how the rule of law can be safeguarded in the Member States. It highlights the structural similarities between the two legal systems and offers fresh insights into how federal unions can respond to democratic erosion.

With detailed analysis of both past and present rule of law challenges, this book offers valuable insights for legal scholars, policymakers, and practitioners working to resolve the rule of law of crisis and uphold democratic values within the EU and beyond.

Inhalt

1. Introduction - Rule of Law Crises and the Comparative Federalism Lens
   
   2. Methodology - Studying Rule of Law Crises in Federal Legal Systems
   3. Judiciary - Judicial Independence and Rule of Law Backsliding
   4. Institutions - Federal Design, Institutional Tensions, and the Rule of Law
   5. Finance - Conditionality and the Fiscal Enforcement of the Rule of Law
   6. Conclusion - Towards a Resilient European Union? Lessons from Comparative Federalism