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Kalypso Nicolaidis. A Citizen’s Guide to the Rule of Law
Foreword: It’s the Rule of Law, Stupid!
Chapter 1. Saving the Rule of Law
What is the Rule of Law then?
A simple magic trick
Ask not (only) what it can do for you…
…also ask what you can do for the Rule of Law!
Coming up next
Chapter 2. When rule of law meets EU accession
The Twin Imperatives for the Western Balkans. Negotiating accession
Establishing legitimacy
What the Rule of Law is and why it matters
Going deep: Love and everyday gestures
Rule by Law and Rule of Law
“Liberal democracy”—beyond the buzzword
Fighting emperor Palpatine
What the people cannot decide
Chapter 3. Rule of Law Promotion, EU-style
Enlargement postponed or when Jean-Claude killed the mood
Reviving the relationship: the EU enlargement strategy
On the importance of being lawful
Recognise the problem and commit to solving it
Why elites don’t like the rule of law
“Do as I say, not as I do”—Intra-EU problems with the rule of law. A gospel with no sinners
Between nukes and lawyers
The Importance of Being ROLF
Chapter 4. The Fundamental Dilemma of EU Rule of Law Promotion
Achieving Sustainability or Why Inconsistency Ruins Progress
Why consistency matters—and why it’s hard to achieve sometimes
Educating the Student
Promoting rule of law in the accession process
When the EU assesses the rule of law
Why rule of law promotion is more than the sum of its parts
Problem 1: Too much focus on institutions
Problem 2: Too much focus on political elites and state structures
Problem 3: Too much focus on means rather than ends
Reframing the issue: The rule of law promotion dilemma. The “second generation” of rule of law reform
Towards a better approach for rule of law promotion: the dilemma
Chapter 5. Taking on the rule of law dilemma by being more ambitious
Why? Qui Bono
Don’t be shy!
Outsiders can be right
How?
From the laws on the books…
…to the institutions of justice…
…to politics and power structures…
… to, ultimately, socio-cultural realities
From the laws on the books to law in action
Chapter 6. Taking on the rule of law dilemma by being humbler
Why? Contestability of interpretations
Diversity of national traditions
The British rule of law state
The German Rechtsstaat
The French Etat de Droit
National autonomy
How? Towards an ends-based approach
Two logics
Chapter 7. Promoting the Rule of Law in practice: the “Living List”
Conditionality revisited
Success cases? The Priebe Reports on North Macedonia and Bosnia-Herzegovina
The citizens’ “living list”
Five citizen-based principles to monitor the rule of law
The “living list” in practice
Which countries should be monitored?
How should rule of law monitoring be done to ensure sustainability?
Towards a new strategy
Chapter 8. Conclusion