Centro de Documentação da PJ
Monografia
 CD115 |
The rule of law as a constitutional principle of the European Union [Documento electrónico] / Laurent Pech.- New York : University School of Law, 2009.- 1 CD-ROM ; 12 cm. - (Jean Monnet Working Paper ; 04/09)
ISSN 1087-2221. Ficheiro de 400 Kb em formato pdf (81 p.). Também disponível em: http://centers.law.nyu.edu/jeanmonnet/papers/09/090401.doc. Acedido a 5 de Janeiro de 2011.
CONSTITUIÇÃO EUROPEIA, DIREITO COMUNITÁRIO, HISTÓRIA DO DIREITO, UNIÃO EUROPEIA
"The rule of law is one amongst a number of principles that are together regarded as
under-girding the EU polity and common to the EU Member States. This paper first asserts that
the rule of law can be accurately described as a “common principle.” A series of “shared traits”
are outlined with respect to the three dominant constitutional traditions in Europe (England,
Germany and France) and it is argued that these shared traits are sufficiently robust to amount to
an identifiable common denominator. The meaning, scope of application and normative impact
of the rule of law in the EU’s constitutional framework is then explored in light of these shared
traits. An attempt at distinguishing between the conventional and distinctive features of the EU
rule of law is made. This paper suggests that similarly to national experiences, the EU rule of law
has progressively and rightfully become a dominant organizational paradigm, a multifaceted
legal principle with formal and substantive elements which nonetheless lacks “full” justiciability. However, the EU rule of law also presents distinctive features which reflect the EU’s original
constitutional nature". ÍNDICE: 1. Introduction. 2. The Rule of Law in the EU Constitutional Framework: Preliminary overview
2.1. From Court’s Dictum… 2.2 … to a formalized “Constitutional” Principle. 3. A principle common to the Member States? 3.1 Rule of law, "Rechtsstaat" and "Etat de droit". 3.1.1 The Rule of Law in the English legal tradition. 3.1.2 Continental variations on the same theme. 3.2 Unity and diversity in the national understandings of the Rule of Law. 4. Shared and distinctive features of the EU Constitutional Principle of the Rule of Law. 4.1 Shared features. 4.1.1 The Rule of Law as a foundational principle. 4.1.2 The Rule of Law as an umbrella principle with formal and substantive components. 4.1.3 The Rule of Law as a rule of law. 4.2. Distinctive features. 4.2.1 The Rule of Law as a politico-legal benchmark. 4.2.2 The Rule of Law as a foreign policy objective. 5. Conclusion. Annex: References to “the rule of law” in the case law of the EU courts (Sept. 2002-2008).