1 - The Union in crisis? Flashcards
What does ‘Europe in crisis’ particularly mean now?
Rule of law backsliding (Poland, Hungary, etc.)
What does the topic of ‘Europe in crisis’ give the opportunity to talk about? (3)
1/ core values of the EU (Art. 2 TEU)
2/ fundamental rights (e.g. right to fair trial by independent court, Art. 47 CFR)
3/ existing legal avenues to enforce rule of law (e.g. Art. 7 TEU, procedure for MS compliance with core values)
How can the rule of law be perceived with respect to the EU? (3)
1/ raison d’être of the EU
2/ law is the goal itself
3/ EU is peace project => rule of law replaces rule of force
Overview of lecture (3)
1/ concept of rule of law in legal theory (different meanings)
2/ significance of rule of law in EU constitutional law
- dvpt of concept of rule of law in CJEU’s case law (vis-a-vis EU and EU MS)
What is the rule of law within the EU? Illustration? (2)
1/ a founding principle of EU law
2/ see Art. 49 TEU (State wishing to become member must respect & commit to promote values of EU
Characteristics of the rule of law in legal theory? (4)
1/ variation across legal cultures
2/ but also similarities that dvped in late 19th/early 20th century
3/ there are some important ideas in common
4/ formal v. substantive conceptions
What are some different theories on the rule of law across legal cultures? (3)
1/ German Rechtstaat (‘Law-State’)
2/ French Etat de droit (State of Law)
3/ Anglo-Saxon Rule of law
Characteristics of German Rechtstaat? (2)
1/ State is origin of the law and limited by it
2/ RoL = self-limitation of the State through law
Characteristics of French Etat de droit? (3)
1/ reaction against unlimited supremacy of parliamentary legislation
2/ protection of individual requires legislative power to be limited
3/ heightened focus on individual liberty
Characteristics of Anglo-Saxon Rule of law? (4)
1/ no strong tradition of concept of State
2/absolute supremacy of law of the land
3/ equal subjection of all social classes
4/ private citizens & Crown’s servants equally subjected to common law
What are some of the similarities in legal theories on the rule of law? (2)
1/ strong influence of ideals of liberalism => protection of individual against expansive powers of gvt
2/ particular concern with protecting individuals against arbitrary use of power
What are the important ideas that legal cultures acquainted with the rule of law have in common? (4)
1/ use of law to make power limited
2/ law foreseeable by its subjects
3/ law exists to prevent it from being exercised arbitrarily
4/ recourse to independent and accessible courts
Characteristics of formal conceptions of rule of law? (4)
Public power is:
1/ legally circumscribed
2/ predictable
3/ exercised through clear procedural requirements
4/ reviewable by courts
Characteristics of substantive conceptions of rule of law?
In addition, public power must conform to substantive standards of democracy and HR
Evolution from formal to substantive conceptions of rule of law? (5)
1/ rule by law
2/ effective limitation of power
3/ democracy
4/ HR
5/ social justice