Rule of Law at the Beginning of the Twenty-First Century

Acknowledgments ix
Introduction xi

Part I Rule of Law and Principles of Law
1 Legal Principles in Public Law 3
Daniel Valchev
2 The Rule of Law Principle as a Criterion for Validity of Legal Acts 9
Yanaki Stoilov
3 Rule of Law as the Construction Principle of the Legal System 21
Michał Peno & Jacek Jaśkiewicz

Part II Hierarchical, Heterarchical or Polycentric Structure of the Constitutional Order: Sovereignty, Subsidiarity and the Rule of Law
4 Principle of Subsidiarity in the European System and in the Italian System 37
Sara Cicchelli
5 Sovereignty of Law and the Legal State: A Contemporary Point of View on the Theory of Hugo Krabbe 45
Simeon Groysman

Part III Rule of Law in International and Supranational Legal (Dis)Order
6 Rule of Law, EU Integration and the Emergence of a Supranational Constitutional Regime 69
Monica Bonini
7 Rule of Law in Space of Flows 97
Martin Belov
8 Duality of the Rule of Law in International Organizations’ Practice 141
Edith Vanspranghe
9 The Rule of Law from the English School Perspective. Cases of the Shifting Boundaries of Exclusion and Inclusion in Contemporary International Society 161
Mira Kaneva

Part IV Judicial Dialogue and Internationalization of Rule of Law
10 On Neo-Institutionalism, the Court of Justice of the EU and General Principles 175
Davor Petrić
11 Internationalization of Constitutional Law and the Role of Constitutional Courts 199
Maja Nastić
12 Investment Arbitration and the International Rule of Law 211
Emanuel Castellarin

Part V International, Supranational and Global Challenges to Human Rights
13 Rule of Law and Solidarity in the European Union: The Case of Welfare 223
Matteo Gnes
14 Human Rights of Migrants and Democracy 241
Thomas Gross
15 The Right to Health in the Italian Constitution Related to the Immigration Context 249
Francesco Giulio Cuttaia
16 Challenges to the Rule of Law at the Beginning of the Twenty-First Century with Regard to Freedom of Expression and Freedom of Information 255
Dilyan Nachev

Part VI Rule of Law, Transitional Democracies and Democratic Backsliding – Questioning the Rule of Law Standards at the Beginning of the Twenty-First Century
17 The Constitutional Court as an Alternative Positive Legislator: Some Reflections on the Weakening of the Rule of Law 263
Aleksandar Tsekov
18 The Removal of Judges and the Rule of Law 275
Wojciech Brzozowski

Part VII Rule of Law and Criminal Law
19 French Anti-Terrorism Legislation and the Rule of Law 295
Anne Donnier
20 Rule of Law and Corporate Criminal Liability in the Italian System 311
Maria Lucia Di Bitonto

Part VIII Rule of Law and Administrative and Financial Law
21 Discretion of the Executive Power as a Display of the Rule of Law State 325
Maria Slavova
22 Rule of Law Infringements in the Field of European Structural and Investment Funds Management 329
Savina Mihaylova

About the Authors 341