ZNACZENIE ZASADY PAŃSTWA PRAWNEGO W PRAWIE UNII EUROPEJSKIEJ I POLSKIM PRAWIE KONSTYTUCYJNYM W KONTEKŚCIE ZASADY WZAJEMNEGO ZAUFANIA
THE IMPORTANCE OF THE RULE OF LAW IN EUROPEAN UNION LAW AND POLISH CONSTITUTIONAL LAW IN THE CONTEXT OF THE PRINCIPLE OF MUTUAL TRUST
Author(s): Magdalena Węcławska-MisiurekSubject(s): Law, Constitution, Jurisprudence
Published by: Międzynarodowy Instytut Innowacji "Nauka - Edukacja - Rozwój"
Keywords: rule of law; the principle of mutual trust; European Union law; constitutional law
Summary/Abstract: The rule of law is a fundamental constitutional principle. It is the foundation of the legal systems of all Member States and one of the European Union's fundamental values. The aim of the article is to examine the meaning of the rule of law in European Union law and Polish constitutional law in the context of the principle of mutual trust. The legal-dogmatic method was used. The analysis was made on the basis of Polish constitutional provisions – especially Art. 2 and 7 of the Constitution of the Republic of Poland, EU regulations – in particular Art. 2 of the Treaty on European Union, but also the preamble, Art. 21 sec. 1, Art. 49 of the Treaty on European Union, the preamble of the Charter of Fundamental Rights of the European Union, the Communication from the Commission to the European Parliament and the Council "A new EU Framework to strengthen the Rule of Law", as well as the jurisprudence of the Constitutional Tribunal and the Court of Justice of the European Union and the position of the doctrine.
Journal: International Journal of Legal Studies (IJOLS)
- Issue Year: 9/2021
- Issue No: 1
- Page Range: 13-24
- Page Count: 10
- Language: English, Polish