The Rule of Law in the European Union: The Internal Dimension
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| Anteprima |
This
is a book about the internal dimension of the rule of law in the
European Union (EU). The EU is a community based on law which adheres to
and promotes a set of common values between the Member States. The
preservation of these values (such as legality, legal certainty,
prohibition of arbitrariness, 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: ie that it is only part
of the EU agenda in order to legitimise 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 will examine whether the EU rule of law deserves those criticisms.
It will offer an analytical guide to the EU rule of law by
conceptualising it and locating it within the sources of EU law. It will
then ask 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. It is argued that while the EU means well in its aim
to preserve unity in an increasingly diversified Europe, the extent to
which it can pave the way to a better world (based on a transnational
rule of law concept akin to good governance and improvement of citizens'
lives) is dependent on the commitment of all European integration
stakeholders to the EU project.
