Conference Agenda
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Agenda Overview |
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Constructing Europe 02: Rule of Law Under Strain in Europe: Courts, Governance Failures, and (Un)Democratic Crisis Responses
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Rule of Law Under Strain in Europe: Courts, Governance Failures, and (Un)Democratic Crisis Responses The pre-organised panel examines how the rule of law in Europe is being strained not only by headline grabbing episodes of constitutional capture and overt democratic backsliding, but also by less visible, yet deeply consequential forms of erosion that emerge through crisis governance and administrative failure.Bringing together comparative and case based perspectives, the panel explores the institutional pathways through which emergency politics, enforcement gaps and accountability deficits can normalise exceptional measures and weaken rights protection within formally democratic systems. The panel's contribution interrogate the ways governments have governed through crises, where responses to civil disobedience and dissent hace a time exceeded proportionate crisis management and instead enabled democratic regression. Using the framework of State Crimes Against Democracy, one stream of analysis traces cross-national similarities across Cyprus, Greece, France and the united Kingdom, including restrictions on protest, criminalisation of dissent, intensified surveillance, and pressure on civil society, media, and academic communities through "emergency" narratives. Complementing this, another paper shifts the attentionto a quieter threat, that of implementation incapacity. It conceptualises "rule of law capacity" as the administrative and infrastructural conditions necessary for lefal norms to operate predictably, illustrating how performative reforms without delivery architecture can generate legal uncertainty and weaken protection of rights without an authoritarian turn. Together, the panel highlights how courts, institutions, and EU governance tools confront a dual challenge: resisting exceptionalism in times of crisis and diagnosing rule of law degradation rooted in capacity deficits. Presentations of the Symposium Ineffective Legislation In The EU and the Threat to the Rule of Law The article argues that contemporary Rule of Law debates in the European Union focus disproportionately on constitutional capture and overt democratic backsliding, while under-theorising a quieter threat, namely, implementation incapacity. It conceptualises "rule of law capacity" as the institutional, administrative and infrastructural conditions that enable legal norms to operate predictably in practice. Using the Republic of Cyprus as an illustrative case study, the article shows how ambitious reforms can generate a widening gap between normative commitments and operational delivery, producing legal uncertainty and weakening rights protection without formal authoritarian turns. The analysis draws on selected Cypriot legislation reforms and implementation pathways to demonstrate how performative or "symbolic" legal change can function as a mode of degradation when enforcement architecture is missing or chronically under-resourced. The article then connects these findings to EU-level monitoring and enforcement tools, proposing that capacity-sensitive benchmarks, such as staffing, specialised institutions, facilities, secondary legislation, and implementation timelines, should be treated as Rule of Law relevant information rather than as a mere "policy" considerations. It concludes that safeguarding Article 2 TEU values requires integrating implementation capacity into the Union's diagnostic and remedial toolbox. (Un)Democratic Responses to Crises: A Comparative Analysis of State Crimes Against Democracy in Europe. This paper posits a comparative analysis of contemporary manifestations of State Crimes Against Democracy (SCAD) in the Republic of Cyprus, Greece, France, and the United Kingdom. Focusing on periods of acute crisis and the government-adopted measures that followed, it examines how state responses to civil disobedience have increasingly exceeded the stated scope of crisis management – rather than being temporary or proportionate, these responses have frequently operated as tools for democratic regression. Drawing on a qualitative comparative methodology, the paper analyses legal, political, and institutional practices adopted in response to crises such as economic instability, public health emergencies, and security concerns. Across the four cases, state actions included the restriction of protest rights, the criminalisation of dissent, intensified surveillance, and the systematic targeting of civil society actors. Particular attention is paid to efforts to silence or delegitimise the media and academic communities, restrain the activities of non- governmental organisations, and manipulate public discourse through emergency narratives. The findings demonstrate striking cross-national similarities in how crises have been instrumentalised to justify exceptional measures that normalise authoritarian practices within formally democratic systems. These practices have contributed to the erosion of accountability mechanisms and the weakening of popular sovereignty, raising critical questions about the resilience of liberal democracy in Europe. By situating these developments within the framework of State Crimes Against Democracy, the paper advances debates on democratic backsliding, state power, and the long-term consequences of governing through crisis. Judicial Backlogs in the Republic of Cyprus: Causes, Consequences and Prospects for Reform Persistent judicial backlogs in the Republic of Cyprus have become a structural rule of law challenge, undermining the promise that disputes will be determined within a "reasonable time" and placing pressure on fair-trial guarantees under European and international human rights standards. This paper situates the Cypriot court delay within wider European concerns about congested judiciaries, while arguing that Cyprus illustrates how chronic delay can evolve from an efficiency problem into a systemic governance risk affecting rights protection, legal certainty, and public trust. The analysis maps the principal drivers of backlog in Cyprus, including limited judicial capacity and administrative weaknesses, the historical paper-based nature of filing and reporting, and insufficient embedded pracrices of active case management and alternative dispute resolution, It further highlights how demand shocks such as litigation surges following major socioeconomic disruption compound pre-existing organisational constraints, producing disposition times that remain comparatively high in key categories. Turning to reform, the paper assessed ongoing and proposed measures and evaluated why implementation gaps can blunt reform impact. It concludes by advancing a reform agenda centred on transparent, data-driven case management, strengthened staffing and training, expanded ADR and specialised pathways, and the use of European tools such as CEPEJ's Backlog Reduction framework to build sustainable reduction strategies. | |

