Rule of Law on Frontlines
Convenors
Victoria Kristan (University of Ljubljana, Slovenia)
victoria.kristan@pf.uni-lj.si
Matija Žgur (Roma Tre University, Italy)
matija.zgur@uniroma3.it
Workshop description:
Recent academic literature, including the works of scholars like Scheppele, Sajo, Sadurski, and Von Bogdandy, has increasingly concentrated on Rule of Law violations. These violations are categorized into two primary types: overt and severe, such as the undermining of judicial authority or the dismantling of the Constitution, and more subtle forms. Subtle violations can emerge from a variety of sources. They might be the result of legislative ambiguity, informal institutional practices, street-level application of infra-law etc. These subtler forms of violation are particularly perilous, as they can gradually but persistently undermine the Rule of Law, often without triggering the immediate concern typically associated with more flagrant affronts to judicial independence or constitutional integrity.
We are pleased to invite submissions exploring, but not limited to the following questions: (1) What are the main sources and characteristics of covert and/or indirect violations of the Rule of Law nowadays? (2) What mechanisms can be employed to detect, contrast and assess these subtle forms of Rule of Law violations? (3) How does the expansion of infra-legal regulation of social relations, especially in emergency situations, affect the protection of the Rule of Law at the level of law-application?