DOI: 10.7256/1339-3057.2017.1.22565

Abstract: The paper analyses one of the hot topics of the constitutional debate in Europe, that is 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 in the international literature have been devoted to this subject, a general analysis of the political and constitutional causes of this regression is lacking. The innovative features of the article includes: an outline of the characteristics of the transition to democracy in the Central and Eastern Europe;the European Union ‘rule of law’ mechanisms and their failure, comprised the failure of the system of democratic conditionality; the cultural and constitutional framework of the new EU member states, including some defects in their constitutional engineering. The author uses the legal comparative method, which comprises also a historical approach with many political implications.

DOI: 10.7256/2454-0617.2017.1.22979

Abstract: This work focuses on one of the controversial topics of the constitutional debate in Europe, namely the deviations from democratic norms in the constitutions of several new EU member states. This issue is not yet studied in sufficient detail by Russian political science, as well as legal doctrine. Despite the fact that many international studies already addressed this issue, a general analysis of the political and constitutional causes of this apparent democratic decline is not well-developed. The author employs a cross-cultural method of legal study, which involves a historical approach with numerous political implications. The novelty of this article is based on the study of the particular traits of Central and Eastern European democratic transaction. The author examines the mechanisms of Law enforcement in EU member countries and points out the causes of their lack of efficiency, and shows that the prime reason of the said inefficiency is the immaturity of the democratic institutions. Another factor is the unevolved political culture, as well as a lack of outlined constitutional regulations of new EU member countries that do not have advanced constitutional engineering.