The Crystallisation of a Core EU Meaning of the Rule of Law and Its (Limited) Normative Influence Beyond the EU

81 Pages Posted: 14 May 2022

See all articles by Joelle Grogan

Joelle Grogan

UK in a Changing Europe; CEU Democracy Institute

Laurent Pech

UCD Sutherland School of Law; CEU Democracy Institute

Petra Bard

Radboud University; Central European University (CEU)

I Beqiraj

University of Tirana

Carlos Closa

Consejo Superior de Investigaciones Científicas (CSIC)

Barbara Grabowska-Moroz

Central European University (CEU) - Democracy Institute

Gisela Hernández González

affiliation not provided to SSRN

Viktor Zoltán Kazai

Central European University (CEU)

Dimitry Kochenov

CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna

Lucy Moxham

Independent

Tomasz Koncewicz

University of Gdańsk, Poland

Date Written: April 25, 2022

Abstract

The rule of law is one of the fundamental values of Europe’s constitutional heritage and a legal principle common to the forty-seven Member States of the Council of Europe, twenty-seven of which are members of the EU. Even beyond the boundaries of Europe, the rule of law has been recognised as a foundational value, and a central tenant of both constitutional democracies and international institutions promoting peace: ‘no other single political ideal has ever achieved global endorsement,’ which means that the rule of law ‘stands in the peculiar state of being the preeminent legitimating political ideal in the world today, without agreement upon precisely what it means.’ This paper establishes the crystallisation of a core meaning of the rule of law in the European Union, and whether it is possible to speak of a ‘European’ conception of the rule of law. It builds on our two earlier working papers which examined unity and diversity in national understandings of the rule of law among EU member states, and the meaning and scope of the EU rule of law, to investigate the extent to which a ‘European conception of the rule of law’ can be both identified but also manifested within the EU. In doing so, it analyses the extent to which the EU’s understanding has shaped (and been shaped by) the conceptions promoted by other international organisations and the extent of dialogue with member states, and relations with third countries. The paper also seeks to consider the EU’s contribution to a renewed understanding of the rule of law on the international plane.

Suggested Citation

Grogan, Joelle and Pech, Laurent and Bard, Petra and Beqiraj, I and Closa, Carlos and Grabowska-Moroz, Barbara and Hernández González, Gisela and Kazai, Viktor Zoltán and Kochenov, Dimitry and Kochenov, Dimitry and Moxham, Lucy and Koncewicz, Tomasz, The Crystallisation of a Core EU Meaning of the Rule of Law and Its (Limited) Normative Influence Beyond the EU (April 25, 2022). Available at SSRN: https://ssrn.com/abstract=4093034 or http://dx.doi.org/10.2139/ssrn.4093034

Joelle Grogan

UK in a Changing Europe ( email )

Strand
London, England WC2R 2LS
United Kingdom

CEU Democracy Institute ( email )

Nador u. 13
Budapest
Hungary

Laurent Pech

UCD Sutherland School of Law ( email )

Belfield
Dublin 4
Ireland

CEU Democracy Institute

Nador u. 13
Budapest
Hungary

Petra Bard (Contact Author)

Radboud University ( email )

Nijmegen, 6500KK
Netherlands

Central European University (CEU) ( email )

Nador utca 9
Budapest, H-1051
Hungary

I Beqiraj

University of Tirana ( email )

Tirana
Albania

Carlos Closa

Consejo Superior de Investigaciones Científicas (CSIC) ( email )

Calle Albasanz 26-28
Madrid, Madrid 28037
Spain

Barbara Grabowska-Moroz

Central European University (CEU) - Democracy Institute ( email )

Hungary

Gisela Hernández González

affiliation not provided to SSRN

Viktor Zoltán Kazai

Central European University (CEU) ( email )

Nador utca 9
Budapest, H-1051
Hungary

Dimitry Kochenov

CEU Democracy Institute, Budapest ( email )

Nador utca 9
Budapest, H-1051
Hungary

CEU Department of Legal Studies, Vienna ( email )

Quellenstraße 51
Vienna, 1100
Austria

Lucy Moxham

Independent

Tomasz Koncewicz

University of Gdańsk, Poland ( email )

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