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The Crisis of the Rule of Law: “Chronicle of a Death Foretold”

  • Rosita Silvestre

摘要

The crisis of the rule of law in Europe raised a number of questions and some of them have a historical explanation. The answer that the present work intend to lift into the reader is whether such a crisis has a connection with the accession process and the capacity of EU agents to prevent the inner shortcomings of the enlargement approach. In case of positive response, an attempt should be made to understand which supranational strategy will be able to concretely pass on the democratic legacy without it suffering serious setbacks from the Member States. At this proposal, a genuine analysis will be conducted on the reasonings that have made the influence of the democratic leverage on the candidates’ constitutional orders very complicated during the transition to the EU, taking the paradigm offered by the Central and Eastern Europe during the Big Bang of 90’s. In parallel, it will be underlined that the inability, or perhaps more properly, the impossibility for the European Union to tackle the evident structural flaws has reverberated after years in a manner that risks to implode the whole system.