THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW

Adnan Mahmutović, H. Lita
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Abstract

This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law  as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.
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欧盟的独特性:法治的概念
本文以法治为重点,论述了欧盟的独特性及其对欧盟一体化进程的重要性。法治是一个经常被使用的概念,但同时也很有争议,因为它并不总是那么容易达到普遍接受的意义。因此,本文将欧盟法治作为一种多维度的法律原则,在价值与原则之间进行分析。本文承认,欧盟法治的概念可以有不同的解释和实施。波兰和匈牙利这两个欧盟成员国的高级政府官员最近辩称,欧盟法治的概念缺乏明确的规则,仍然是许多争论的主题。因此,本文提供了在特定的超国家法律环境中更好地理解这一概念本身。此外,本文认为,欧盟及其一体化的未来在很大程度上取决于对法治的尊重,法治仍然是欧洲法律空间内统一的核心和要素。欧盟赖以建立的原则和价值观之间的关系仍然密切且相互关联。欧盟法治具有其独特性,可以肯定地说,它反映了欧盟法律制度的特定特征和性质。
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