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.

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.