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11 Hague J. on Rule L. 1 (2019)

handle is hein.journals/hagjuote11 and id is 1 raw text is: 


Hague Journal on the Rule of Law (2019) 11:1-8
https:Ildoi.org/l 0.1007/s40803-019-00090-6

EDITORIAL


Rule  of Law  Decay:   Terminology, Causes, Methods, Markers
and  Remedies


Maurice Adams'    Ronald Janse2


©T.M.C. Asser Press 2019


Abstract
This special issue on rule of law decay addresses a range of issues prompted by
recent developments  in Poland, Hungary  and elsewhere: How   to conceptualize
rule of law decay? What are its characteristics? How can it be explained? Can it
be detected at an early stage? What is the methodology of undermining the rule of
law? What, if anything, can outsiders, especially the EU, do to counter this decay?
What  lessons can be drawn for demands imposed on candidates by the EU in future
enlargement rounds?


1  Introduction  to this Half-Planned   Special  Issue

When  this journal was launched, in 2009, Martin Krygier edited a special issue on
The fall of European Communism:  20 years after. It was not a confident celebration
of rule of law reforms in Central and Eastern Europe. The authors cautioned that it
was not possible to generalize about success or failure because too many countries
and too many  variables were involved. Moreover, what is 20 years in the lifespan
of the rule of law in any country? Yet they believed that a basic level of democracy
and the rule of law had been achieved and that the break with the past was irrevers-
ible. As Venelin Ganev wrote: 'It would take a great deal of paranoid imagining to
conjure up a scenario where ruling parties in the region cancel elections, imprison
opposition activists on trumped up charges, and suppress the democratic process.
And  that power-holders in the EU's newest members will suspend their country's








E  Ronald Janse
   ronald.janse@ou.nl

   Tilburg University, Tilburg, The Netherlands
2  Open University, Heerlen, The Netherlands


_ Springer 0  ASSER

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