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Beyond Charlemagne's legacy: Normative Empire and the Independence of the Judiciary in Conditionality

Accession negotiations to the EU since 2004 brought significant changes to European enlargement customary law and exacerbated the reliance of the Commission on conditionality to impose its leverage on present and prospective member states. The subsequent development of European norms in the pre-accession phase was transposed onto current member states and led to the edification of a Normative Empire. This research reformulated the concept of Normative Empire while resting on factual and contemporary evidence. It investigated why the increasingly significant role in conditionality of the principle of independence of the judiciary contributed to the metamorphosis of the EU into a Normative Empire. The argumentation of this research rested on the study of Bulgaria, Croatia and Romania. In addition to their geographical kinship, these three cases share issues of rampant corruption, notably in the political and judicial structures, which remain the main obstacles to their accession or full membership. The analysis of the Commission's influence in judicial reforms during the pre and post-accession phases was supported by a thorough study of the Cooperation and Verification Mechanism and the progress reports from 2004 till present. In conclusion, the Commission's post-accession monitoring in Bulgaria and...

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:298823
Date January 2011
CreatorsVienne, Cassiopee
ContributorsŠlosarčík, Ivo, Cibulková, Petra
Source SetsCzech ETDs
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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