„Tam i z powrotem”– the Rule of Law ujęte od źródeł aż po zastosowanie w orzecznictwie TSUE
„Back and Forth” – The Rule Rule of Law from Its Origins to Its Application in the Case Law of the CJEU

Summary/Abstract: In this paper, we set forth two research theses and one main hypothesis. In order to justifythem, we summarily recall and discuss the theses regarding the origins of the emergence ofthe concept of the Rule of Law (hereafter the „RoL”) in common law in the 12th century, asformulated by the American historian of constitutionalism Charles Howard McIlwain. Sincehis thesis on the medieval distinction between jurisdictio and gubernaculum was taken up in theworks of Gianluigi Palombella, we recall the main elements and points of the argumentationof this contemporary Italian philosopher and legal theorist regarding the RoL as differentfrom Rechtsstaat (hereafter „RS”). Taking into account the features of the historically shapedconcept of the RoL, we analyse the process of operationalization of the RoL by the CJEU,followed by the legal definition of the RoL in the Regulation (EU, Euratom) 202/2092of 16 December 2020 of the European Parliament and of the Council.

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