New Horizons for the Rule of Law Within the EU

The purpose of this Article for this special issue of the German Law Journal is to argue that “integration through the rule of law” defines what the European Union stands for. That expression conveys the simple yet powerful message that European integration can only take place when both the EU insti...

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Vydáno v:German law journal Ročník 21; číslo 1; s. 29 - 34
Hlavní autor: Lenaerts, Koen
Médium: Journal Article
Jazyk:angličtina
Vydáno: Toronto Cambridge University Press 01.01.2020
Témata:
Accession
Courts
European integration
Independence
International law
Justice
Law
Political development
Rule of law
Values
Europe
ISSN:2071-8322, 2071-8322
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Shrnutí:The purpose of this Article for this special issue of the German Law Journal is to argue that “integration through the rule of law” defines what the European Union stands for. That expression conveys the simple yet powerful message that European integration can only take place when both the EU institutions and the Member States respect the “rules of the game.” This means, in essence, that both EU and national authorities are committed to the idea that courts—acting as independent umpires—have the final say on the question of whether those rules have been breached. Therefore, it is for courts, whether at EU or national level, to uphold the rule of law within the EU by making sure that no one is above the law. Given that this special issue is devoted to examining the future of Europe, this Article supports the contention that the next phase of European integration must not be built on unstable foundations, but must rather be based on secure and solid values, in particular, respect for the rule of law. Since the principle of judicial independence is an essential component of the rule of law within the EU, it is only if we have strong and independent courts that European integration may continue to move on to new horizons. In Part B., it is argued that integration through the rule of law is nothing new but has underpinned the EU since its very beginning. It is indeed the premise on which the EU system of judicial protection has been built over the years. Part C. explores—in the light of recent developments in the case law of the Court of Justice of the European Union (“Court of Justice”)—what happens when that premise is called into question.
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ISSN:2071-8322
2071-8322
DOI:10.1017/glj.2019.91