THE ROLE OF THE PRINCIPLE OF THE RULE OF LAW IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION FROM THE PERSPECTIVE OF HUMAN RIGHTS Cover Image

THE ROLE OF THE PRINCIPLE OF THE RULE OF LAW IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION FROM THE PERSPECTIVE OF HUMAN RIGHTS
THE ROLE OF THE PRINCIPLE OF THE RULE OF LAW IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION FROM THE PERSPECTIVE OF HUMAN RIGHTS

Author(s): Carolina Smochina, TATIANA CERNEI
Subject(s): Economy
Published by: Editura Eurostampa
Keywords: Rule of law; case-law; Human rights; Court of Justice of the European Union

Summary/Abstract: The European Union (EU) is based on the principle of Rule of Law and the European integration process itself has been characterized as‘integration through the law’; at the heart of EU legal system being its judicial institutions, in particular the Court of Justice. Thus, from Van Gend and Loos, Costa till Kadi case, etc. the Court of Justice of European Union through its case-law developed a new international legal order, where the supremacy is given to EU Law instead of national, where the Rule of Law principle is always respected, sometimes in the detriment of United Nations instruments, guaranteeing, though, the individuals’ fundamental rights.

  • Issue Year: XVII/2011
  • Issue No: 17
  • Page Range: 706-713
  • Page Count: 8
  • Language: English
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