Legal Reform In Post Communist Europe

This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control theuses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.

This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.

"This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.

Since the demise of communism in the early nineties, police reform and human rights have become important topics in post-communist societies striving for more democratic and human rights based forms of governance. In spite of the introduction of new constitutions, the ratification of human rights treaties in many such countries, as well as the introduction of new criminal law and procedure codes, policing realities overall have proved remarkably intransigent. In this volume diverse experts from different countries discuss both impediments to and opportunities for the development of a more democratic and human rights-oriented police. As such, this volume is of importance to students and academics, as well as practitioners interested in acquiring an insight into the viability of different approaches to improve the quality of democratic and human rights-oriented policing in post-communist societies and beyond.

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.

The question of how political parties are, and ought to be, regulated has assumed an increased importance in recent years, both within the scholarly community and among policy-makers and politicians as the state assumes an increasingly active role in the management of, and control over, their behaviour and organisation This book concentrates on the regulation of political parties in the EU post-communist democracies, and on Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia and Romania, in particular. In analysing the various dimensions of party regulation, it builds on the main premises derived from the neo-institutionalist literature in political science, concerning the ways in which the (formal and informal) rules and procedures may influence, constrain or determine the behaviour of political actors. In doing so, it provides a comprehensive overview of the regulation of Eastern European political parties provided by leading experts in the field and casts theoretical and empirical light on the manner in which the constitutional and legal regulation of party organizations and finances have had an impact (or not) on the consolidation of party politics in post-communist Europe since 1989. This text will be of key interest to scholars and students of Political Parties and Behaviour, East European and Post-Communist Politics and Comparative Politics.

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?