The Rule of Law in the European Union: The Internal Dimension

ISBN-13: 9781849464703 / Angielski / Twarda / 2017 / 200 str.

Theodore Konstadinides

Opis

This is a book about the internal dimension of the rule of law in the European Union. The EU is a community based on law which adheres to and promotes a set of values which are common between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, and respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism. It has been said that the EU rule of law is only part of the EU agenda in order to legitimize sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book examines whether the EU rule of law deserves those criticisms. It offers an analytical guide to the EU rule of law by conceptualizing it and locating it within the sources of EU law. It then asks whether the EU is based on the rule of law-a question which is answered in the affirmative, but one which has to be considered in the context of compliance, and the overall effectiveness of the EU enforcement acquis. (Series: Modern Studies in European Law) Subject: Constitutional & Administrative Law, Public International Law, European Law]