DOI: 10.7256/2454-0617.2016.4.22567

Abstract: This work analyses one of the hot topics of the constitutional debate in Europe, - the democratic backslidings in some new EU members States. This is a problem not fully studied by Russian political science and legal doctrine. Although many works of Western research have been devoted to this subject, a general analysis of the political and constitutional causes of this regression is lacking. The author employs a cross-cultural method of legal research that includes a historical approach with multiple political connotations. The innovative features of the article include an outline of the characteristics of the transition to democracy in the Central and Eastern Europe. The author examines European Union's ‘rule of law’ enforcement mechanisms and the reasons for their inefficiency, the major reason for this being the immature system of democratic transition in Central and Eastern Europe. Another significant reason for this is the fetal stage of political culture and vague constitutional framework of new EU members, as well as flaws in their constitutional engineering.

Keywords: Constitutional debate, Eastern Europe, European Union, legal doctrines, democratic norms, political culture, law enforcement, democratic institutions, constitutional framework, constitutional engineering

DOI: 10.7256/2454-0617.2016.4.68628

Abstract: This work analyses one of the hot topics of the constitutional debate in Europe, - the democratic backslidings in some new EU members States. This is a problem not fully studied by Russian political science and legal doctrine. Although many works of Western research have been devoted to this subject, a general analysis of the political and constitutional causes of this regression is lacking. The author employs a cross-cultural method of legal research that includes a historical approach with multiple political connotations. The innovative features of the article include an outline of the characteristics of the transition to democracy in the Central and Eastern Europe. The author examines European Union's ‘rule of law’ enforcement mechanisms and the reasons for their inefficiency, the major reason for this being the immature system of democratic transition in Central and Eastern Europe. Another significant reason for this is the fetal stage of political culture and vague constitutional framework of new EU members, as well as flaws in their constitutional engineering.

Keywords: Constitutional debate, Eastern Europe, European Union, legal doctrines, democratic norms, political culture, law enforcement, democratic institutions, constitutional framework, constitutional engineering