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Title Central European judges under the European influence : the transformative power of the EU revisited / edited by Michal Bobek
Published Oxford : Hart Publishing, 2015
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Description 1 online resource (x, 449 pages)
Series EU law in the member states
EU law in the member states.
Contents Cover -- Half-title -- Title -- Copyright -- Contents -- Notes on Contributors -- List of Abbreviations -- Prologue: The Westernisation of the East and the Easternisation of the West -- I. Paying Tribute to Eastern Enlargement -- II. The Wessi Discovering the East -- III. A Wessi?s View 25 Years Later -- 1. Introduction: Revisiting the Transformative Power of Europe -- I. The Topic -- II. The Structure -- III. The Caveats -- IV. Acknowledgements -- Part I: Judicial Reasoning
2. Formalism in Judicial Reasoning: Is Central and Eastern Europe a Special Case?I. Introduction -- II. Two Symptomatic Narratives on Formalism -- III. Formalism as a Matter for Legal Scholarship -- IV. How to Grasp Formalism? A Plea for Moderate Functionalism -- V. Judicial Formalism in Heterogeneous and Dynamic Legal Cultures -- VI. Conclusion -- 3. EU Law and Central European Judges: Administrative Judiciaries in the Czech Republic, Hungary and Poland Ten Years after Accession -- I. Introduction -- II. Research Methodology -- III. Research Results
5. The Aversion to Judicial Discretion in Civil Procedure in Post-Communist Countries: Can the Influence of EU Law Change it?I. Introduction -- II. Can a Diagnosis for Slovenia be Generalised to All Post-Communist Countries? -- III. Reasons for Resentment with Regard to Judicial Discretion: A Look at the Past -- IV. Introduction of Sanctions Against Late Submissions of Facts and Evidence Labelledas?Excessive Formalisation of Procedure? -- V. Resentment Regarding Judicial Discretionin Slovenia Today: Why won?t it Fade Away?
IV. Interpretation of ResultsV. Conclusions -- 4. The Impact of EU Membership on Private Law Adjudication in Poland: A Case Study of the Polish Supreme Court?s Case Law on Unfair Terms in Consumer Contracts -- I. Introduction -- II. Institutional Background: Formalism in Polish Legal Culture -- III. Regulatory Background: The Unfair Terms Directive and its Implementation in Poland -- IV. Quantitative Analysis of S?d Najwy?szy?s CaseLaw on Unfair Terms -- V. Qualitative Analysis of SN Case Law on Unfair Terms -- VI. Conclusions
VI. Judicial Discretion in European Civil Procedure LawVII. The Impact of the European Civil Procedure on the Legal Method and Mentality of National Judges -- VIII. Conclusions -- 6. The Remains of the Authoritarian Mentality within the Slovene Judiciary -- I. Introduction -- II. Legal (Dis- )Continuity -- III. The State of the Judiciary During Transition: The Absence of Lustration -- IV. The Remnants of the Old Judiciary Culture -- V. Conclusion -- 7. From a Discourse on?Communist Legacy? Towards Capacity Building to Better Manage the Rule of Law
Summary "The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions, and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non)Europeanisation of national legal systems and cultures."--Bloomsbury Publishing
Bibliography Includes bibliographical references and index
Notes Vendor-supplied metadata
Subject Constitutional courts -- Europe, Central
Judgments -- Europe, Central
Judicial process -- Europe, Central
Constitutional courts.
Judicial process.
LAW -- Civil Procedure.
LAW -- Legal Services.
POLITICAL SCIENCE -- Government -- Judicial Branch.
Central Europe.
Form Electronic book
Author Bobek, Michal, 1977- editor.
ISBN 1782257888