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Constitutionalism and the Enlargement of Europe$
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Wojciech Sadurski

Print publication date: 2012

Print ISBN-13: 9780199696789

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696789.001.0001

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The EU and Constitutional Democracy in New Member States

The EU and Constitutional Democracy in New Member States

(p.143) 4 The EU and Constitutional Democracy in New Member States
Constitutionalism and the Enlargement of Europe

Wojciech Sadurski

Oxford University Press

This chapter, following on from the discussion of the supremacy of EU law, raises the question of whether the EU has successfully promoted democracy in Central and Eastern European states by thinking about the effect on candidate states, and subsequently, new Member States. The political conditionality attached to membership was generally most effective when it could rely on a relatively coherent and detailed set of norms backed up by the practice of older Member States and the EU as a whole. The credibility of these norms relied on whether they were seen as ‘targeted’ specifically at the candidate states. Overall, it was the interaction between the ‘external’ factors, such as EU conditionality and the domestic patterns of incentive, which explained the degree of effectiveness of political conditionality before accession and positive and negative incentives after accession. This proposition is tested by focusing on four case studies in CEE states: parliament-government interactions, decentralization, minority rights, and the institution of offices of Ombudsman.

Keywords:   EU law, political conditionality, EU enlargement, Central and Eastern Europe, democracy, parliaments, regionalization, minority rights, Ombudsman

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