Resumen del libro
This book contains the proceedings of the International Conference titled “Current Challenges for the Rule in Europe”, held at the Public University of Navarre (UPNA) on May 26th–28th, 2025, within the framework of the Erasmus+ Project “Europia”, supported by the European Union. Erasmus+ Programme; Key action 2: Cooperation partnerships; Sector: Higher education. PIC 999888029. Grant Agreement No.: 2022–1–PL01–KA220–HED–000086334, coordinated by Prof. Dr. Spasimir Domaradzki, Lecturer in International Relations at the Faculty of Political Science and International Studies at the University of Warsaw (Poland).
The results of this monograph serve to reflect on the main challenges facing the rule of law in Europe. These affect, for example, the complex mechanisms for the configuration of some state institutions, such as the governing bodies of the judiciary, and their correct functioning, and where problems can be replicated in a surprisingly similar way across the old continent.
Certain aspects have to do with the need to have solid electoral procedures, or to harmonise European legislation, in particularly sensitive areas in the field of taxation. Additional questions are related to the correct use of regulatory instruments, especially by executive power, faced with the temptation to resort to legislating by means of Decree Laws, and even the risk of not legislating on matters in which it is necessary to do so, leaving minorities unprotected.
Other topics analysed include those arising from the emergence of populism and the problems derived from it, or those related to digitalisation and artificial intelligence. Many opportunities and challenges appear disturbingly linked in this area.
INTRODUCTION
PART I. CONCEPTUAL INTRODUCTION TO THE IDEA OF “RULE OF LAW”
WHAT DO WE MEAN WHEN WE TALK ABOUT “RULE OF LAW”? / FERNANDO REY MARTÍNEZ
HUMAN RIGHTS FROM AN ANTHROPOLOGICAL PERSPECTIVE / GORAN PAVEL SANTEK
RULE OF LAW, STATE OF EXCEPTION AND ARBITRARINESS IN ANCIENT LAW / BERNARD CALLEBAT
PART II. THE RULE OF LAW AND THE EUROPEAN UNION
EUROPEAN MULTI-LEVEL DEMOCRACY AS SEEN FROM THE PRINCIPLE OF CONSTITUTIONAL LOYALTY / ROSARIO TUR AUSINA
THE RULE OF LAW AND EUROPEAN INTEGRATION. THE (NOT) OBVIOUS NEXUS / SPASIMIR DOMARADZKI
THE CJEU’S DEFENCE OF EU VALUES TO PRESERVE THE EUROPEAN CONSTITUTIONAL ORDER / PABLO CRUZ MANTILLA DE LOS RÍOS
NO RULE OF LAW IN UNDEMOCRATIC SOCIETIES: THE EU LEGAL FRAMEWORK TO TACKLE THREATS TO DEMOCRACY / SILVIA GIUDICI
THE RULE OF LAW IN EU MULTICONSTITUTIONAL DIALOGUE: TOWARDS ITS CONSTITUTIONAL ANCHORING IN EU CITIZENSHIP / MIKEL DÍEZ SARASOLA
EUROPE FACING THE CHALLENGE OF TAXING MULTINATIONALS: STATE AID – THE APPLE CASE / HUGO LÓPEZ LÓPEZ
EUROPE FACING THE CHALLENGE OF TAXING MULTINATIONALS: GLOBAL MINIMUM TAX / MARINA CASTRO BOSQUE
PART III. CURRENT CHALLENGES FOR THE RULE OF LAW IN WESTERN EUROPE
THE CONCEPTION OF THE RULE OF LAW IN FRENCH LAW / ÉRIC GHÉRARDI
ADMINISTRATIVE INERTIA AS A VIOLATION OF THE PRINCIPLE OF THE RULE OF LAW IN PORTUGAL / ANTÓNIO MALHEIRO DE MAGALHÃES
PART IV. CURRENT CHALLENGES FOR THE RULE OF LAW IN EASTERN EUROPE
LIMITS OF DISCRETIONARY POWER AND DIFFICULTIES IN APPLYING THE LAW IN ROMANIA / CALÁLINA GEORGETA DINU / OANA SARAMET
HISTORICAL ROOTS OF THE CONTEMPORARY MISUNDERSTANDING OF THE “RULE OF LAW” CONCEPT ON THE BALKANS – THE CASE OF BULGARIA AND OTHERS / HRISTO BEROV
RULE OF LAW IN SERBIA AND ITS EU INTEGRATION PATH / IVANA RADIC MILOSAVLJEVIC / JANJA SIMENTIC POPOVIC
SOME JURISPRUDENTIAL CLARIFICATIONS ON THE EUROPEAN UNION SANCTIONS AGAINST RUSSIA / JOSÉ LUIS IRIARTE ÁNGEL
EUROPEAN UNION TOWARD THE SUPPORT OF RULE OF LAW INITIATIVES IN UKRAINE / VADYM ZHELTOVSKYY
PART V.THE JUDICIARY AND THE RULE OF LAW
CONSTITUTIONAL COURTS AND THE RULE OF LAW: NAVIGATING DEMOCRATIC INTEGRITY / ANDREEA VERTES-OLTEANU
PREVENTING LAWFARE: IS THE INDEPENDENCE OF THE JUDICIAL BRANCH UNDER SUSPICION? / MIRYAM RODRÍGUEZ-IZQUIERDO SERRANO
MAJORITY RULE AND ITS CHALLENGE TO THE RULE OF LAW: DEFENDING CONSTITUTIONAL PLURALISM IN EUROPE / MATTEO FRAU
THE ROLE OF THE JUDGE IN THE CONTEXT OF CLIMATE LITIGATION: BOOSTING THE FIGHT AGAINST CLIMATE CHANGE AND/OR RISK TO THE RULE OF LAW / SERGIO SALINAS ALCEGA
CONSTITUTIONAL COURT: REGULATION, POLITICS AND THE HUMAN FACTOR. THE TIGHTROPE WALKER AND THE BALANCE POLE / ASUNCIÓN DE LA IGLESIA CHAMARRO
STANDARDS FOR JUDICIAL COUNCILS IN THE CASE LAW OF THE CJEU AND THE ECTHR. FROM SOFT LAW TO HARD LAW? / NÚRIA GONZÁLEZ CAMPAÑÁ
THE RULE OF LAW AND JUDICIAL INDEPENDENCE IN THE FACE OF THE PRIMACY OF EU LAW: CONFLICTS BETWEEN THE CJEU AND THE CONSTITUTIONAL COURTS / ANDER LOYOLA SERGIO
RULE OF LAW, JUDICIAL INDEPENDENCE AND GOVERNMENT OF THE JUDICIARY IN SPAIN / SERGIO DÍAZ SÁNCHEZ
PART VI. LEGISLATIVE FUNCTION AND RULE OF LAW
THE ABUSIVE USE OF THE ROYAL DECREE LAW BY THE EXECUTIVE IN SPAIN / ALEJANDRO TORRES GUTIÉRREZ
NATIONALS, INDIGENOUS PEOPLES, MIGRANTS, STATELESS PERSONS, REFUGEES AND DIASPORAS: A GLOBAL VIEW FROM INTERNATIONAL LAW / JOSÉ MANUEL OLIVAR DE JULIÁN
NEGATIVE EFFECTS OF REGULATORY FRAGMENTATION ON SOCIAL PROTECTION OF MINISTERS OF RELIGION IN SPAIN / ÁNGEL ARES Y GARCÍA
CURRENT CHALLENGES FOR ELECTORAL MANAGEMENT IN FRANCE AND IN SPAIN / CAMILLA YSELSA FÉLIZ DE LA CRUZ
PART VII.POPULISM AND THE RULE OF LAW
DEMOCRATIC PRINCIPLE, POPULISM AND RULE OF LAW / JOSÉ TUDELA ARANDA
THE RISE OF THE FAR RIGHT IN EUROPE. A STUDY OF SEVERAL MILESTONES FROM A LEGAL HISTORICAL PERSPECTIVE / AMAIA ÁLVAREZ BERASTEGI
DEMOCRACY, PUBLIC OPINION AND ALGORITHMIC LITERACY: THE CASE OF THE SPANISH XENOMETER (S-XENOMETER), ARTIFICIAL INTELLIGENCE AGAINST XENOPHOBIA. / SERGIO GARCÍA MAGARIÑO / IGNACIO SÁNCHEZ DE LA YNCERA / MIKEL FERRERO JAURRIETA / BETH LYON / LUCÍA PÉREZ PEÑA
PART VIII.RULE OF LAW IN THE DIGITAL AGEHOW EU DIGITAL POLICY IS SHAPING THE DIGITAL
RULE OF LAW IN THE EUROPEAN UNION / DOMINIKA HARASIMIUK
PROTECTING INDIVIDUALS IN THE DIGITAL AGE FROM ONLINE SEARCH ENGINE ACTIVITY / BEATRIZ AGUINAGA GLARIA
SHIFTING SANDS: THE US–EU DATA PRIVACY FRAMEWORK IN A CHANGING POLITICAL LANDSCAPE / XABIER ORBEGOZO MIGUEL.
RISKS OF THE DIGITAL EURO PROJECT / JAVIER MARTÍN-LANAS