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Lecturer(s)
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Šišková Naděžda, doc. et doc. JUDr. Ph.D.
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Měšťánková Petra, Mgr. Ph.D.
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Filipec Ondřej, Mgr. et Mgr. Ph.D.
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Course content
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1. The EU as a community of liberal democracies: the concept of liberal and illiberal democracy 2. The concept of the rule of law. Definition of "rule of law" and its structural elements. The European Union's concept of the rule of law and its importance for the functioning of the EU and the promotion of the Union's objectives. 3. Problems of democracy in the EU member states - institutional framework with focus on executive-legislative relations 4. Problems of democracy in EU member states - political actors, populism 5. Problems of democracy in EU member states - accountability and the rule of law 6. Legal instruments for the protection of the rule of law (Article 7 TEU, Article 258 TFEU, EC Communication "A new EU framework to strengthen the rule of law). Case studies. 7. Democratic deficit of the European Union 8. Citizens' participation in the EU I: European Parliament, European referendums, European Citizens' Initiative 9. Democracy in the EU and its external dimension: conditionality of EU membership and EU enlargements (southern European, central and eastern European countries) 10. Democracy in the EU and its external dimension: the impact of the accession process on the democratization in current candidate countries (Western Balkans, Turkey) 11. The value dimension of the EU's neighborhood policy: the Eastern Partnership and the Union for the Mediterranean 12. Sanction mechanisms (at universal and regional level) and the Magnitsky Act as a response of the International and European law on breaches of the rule of law
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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The main objective of the one-semester long course is to get students acquainted with the current problems of democratic governance in the European Union. It will focus on the value dimension of European integration and present the EU as a community of liberal democratic states. The attention will be paid to both the internal and external aspects of the democratic dimension of the EU's institutional framework and EU policies. The students will observe the differences in the quality of democracy in the member states as well as the autocratization process in some EU member states. The mechanism of the EU and the Council of Europe on democracy, rule of law, and the fundamental rights will be discussed. The course will also cover the strategies and instruments in support of rule of law and democracy in the EU external action.
Students who have completed this course should identify the key problems of democracy in the EU, both on the level of member states and on the supranational level. The students will also get knowledge about the mechanisms of the EU and other international organizations on the protection of rule of law.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses.
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Assessment methods and criteria
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Student performance
Obligatory attendance in seminars, active participation and successful final test result are required in order to receive colloquium.
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Recommended literature
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Ágh, A. (2019). Declining Democracy in East-Central Europe. Edward Elgar.
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Maravall, José María, Przeworski, José María. (2003). Democracy and the rule of law. New York: CUP.
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Mather, J. (2006). Legitimating the European Union: aspirations, inputs and performance. Basingstoke. New York, N.Y. : Palgrave Macmillan.
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Pítrová, L. (2015). Rule of law and mechanisms of its protection : Czech perspective.. Passau : Science a New Media.
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Šišková, N. a kol. (2012). Lisabonská smlouva a její dopady na evropské, mezinárodní a vnitrostátní právo členských států. Leges, Praha.
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Šišková, N. (2018). Aktuální právní nástroje EU k posílení právního státu, Právní rádce 12/2018, s. 56-60.. Právní rádce 12/2018.
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Šišková, N. (2019). The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda. International and Comparative Law Review.
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