Defining a Multifaceted Concept in a Multifaceted Organization: The Council of Europe and the Safeguard of Rule of Law Principles

Wednesday, July 12, 2017
John McIntyre - Room 201 (University of Glasgow)
Cristina Dallara , School of Political Science, University of Bologna
Bartolomeo Cappellina , Sciences Po Bordeaux
The paper will start with an introductory section on the role of judicial networks and commissions in setting standards and indicators of judicial governance and, more broadly, of rule of law, in the EU member states, with a specific focus on the CoE bodies. Then, the paper will reflect on the approach adopted by two of the CoE bodies – the Cepej and the Venice Commission – in the definition of substantive features of Rule of Law and on their enforcement capacities. Concretizing dimensions of the concept such as the separation of power, the independence of judicial institutions and the effective organisation of the judiciary in specific policy instruments, these bodies actively participate in the rule of law crisis management, covering a vast range of issues and European countries. Finally, specific examples of interventions of the two CoE bodies concerning recent EU member countries, such as Hungary, Romania, Poland, and Croatia, will be used to illustrate their contributions to Rule of Law enforcement systems in the EU.
Paper
  • Paper_CES_Cappellina-Dallara.pdf (332.9 kB)