Pojetí právního státu v právu EU

Tomčiak, Petr

The concept of the rule of law in EU law Abstract The rule of law is a philosophical concept in law defining the relationship between a man and the government. Different legal doctrines approach it in different ways, but in principle the issue of the rule of law in the European Union has become increasingly important in recent decades. The author discusses jurisprudential and theoretical foundations of the rule of law in Europe, then analyses the applicable EU law with a focus on the legal instruments for protection. Primary law refers to the concept of the rule of law already in Article 2 TEU as one of the values on which the Union is founded. Also, the rule of law is a condition for a candidate country to join the EU. The core part of the thesis addresses the instruments for the protection of the rule of law in EU law. First, Article 7 TEU, so-called 'rule of law procedure' is a mechanism by which a declaration that a Member State is at risk of violating EU values, including the rule of law, or perhaps a decision that a serious breach of values has occurred and a sanction can be adopted. The infringement procedure under Article 258 TFEU is often used to the rule of law protection. The Commission can initiate a procedure against a Member State that fails to comply with its obligations under EU law. In case...

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