A Citizen’s Guide to the Rule of Law. Kalypso Nicolaidis

A Citizen’s Guide to the Rule of Law - Kalypso Nicolaidis


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      ibidem-Press, Stuttgart

      Table of Contents

       Foreword: It’s the Rule of Law, Stupid!

       Chapter 1. Saving the Rule of Law

       What is the Rule of Law then?

       A simple magic trick

       Ask not (only) what it can do for you…

       …also ask what you can do for the Rule of Law!

       Coming up next

       Chapter 2. When rule of law meets EU accession

       The Twin Imperatives for the Western Balkans

       Negotiating accession

       Establishing legitimacy

       What the Rule of Law is and why it matters

       Going deep: Love and everyday gestures

       Rule by Law and Rule of Law

       “Liberal democracy”—beyond the buzzword

       Fighting emperor Palpatine

       What the people cannot decide

       Chapter 3. Rule of Law Promotion, EU-style

       Enlargement postponed or when Jean-Claude killed the mood

       Reviving the relationship: the EU enlargement strategy

       On the importance of being lawful

       Recognise the problem and commit to solving it

       Why elites don’t like the rule of law

       “Do as I say, not as I do”—Intra-EU problems with the rule of law

       A gospel with no sinners

       Between nukes and lawyers

       The Importance of Being ROLF

       Chapter 4. The Fundamental Dilemma of EU Rule of Law Promotion

       Achieving Sustainability or Why Inconsistency Ruins Progress

       Why consistency matters—and why it’s hard to achieve sometimes

       Educating the Student

       Promoting rule of law in the accession process

       When the EU assesses the rule of law

       Why rule of law promotion is more than the sum of its parts

       Problem 1: Too much focus on institutions

       Problem 2: Too much focus on political elites and state structures

       Problem 3: Too much focus on means rather than ends

       Reframing the issue: The rule of law promotion dilemma

       The “second generation” of rule of law reform

       Towards a better approach for rule of law promotion: the dilemma

       Chapter 5. Taking on the rule of law dilemma by being more ambitious

       Why?

       Qui Bono

       Don’t be shy!

       Outsiders can be right

       How?

       From the laws on the books….

       …to the institutions of justice….

       …to politics and power structures…

       … to, ultimately, socio-cultural realities

       From the laws on the books to law in action

       Chapter 6. Taking on the rule of law dilemma by being humbler

       Why?

       Contestability of interpretations

       Diversity


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