THE EFFECTIVE APPLICATION OF THE RULE OF LAW BY THE MEMBER STATES OF THE EUROPEAN UNION
THE EFFECTIVE APPLICATION OF THE RULE OF LAW BY THE MEMBER STATES OF THE EUROPEAN UNION

Author(s): Crina Mihaela Verga
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: rule of law; application; European Union member states
Summary/Abstract: The paper aims to explain, in the first part, the concept of the rule of law, as it is determined at the level of the European Union. From its creation until today, the principle of the rule of law has experienced a spectacular evolution and a very widespread in democratic states.The second part the paper emphasizes some support mechanisms of the rule of law in the European Union while the last one refers to the analysis of how the member states of the European Union have effectively implemented the analyzed principle. In this sense, in our exposition, important decisions are analyzed, pronounced by the General Court and the Court of Justice of the European Union, with reference to the principles of legality and legal certainty, as well as the effective judicial protection. It was found that, although the rule of law is one of the essential values of the Union, which was constantly promoted by the Union bodies, it was repeatedly violated by the Member States; some of them even had vehement reactions related to the constraints endured in this regard.The article is of real interest both for specialists in the field and, above all, for the Member States of the Union, which have the obligation to comply with the existing legal provisions of the European Union and the specific jurisprudence on the matter.

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