The Defence of the Rule of Law Principle at the European Union
Oikeusvaltioperiaatteen institutionaalinen puolustaminen ja haastaminen Euroopan unionissa
Keywords:
rule of law principle, Finland, European Union, norm contestationAbstract
Respect for the rule of law is a core value of the European Union (EU). The rule of law has relevance for the realisation of fundamental rights of EU citizens and in the juridical co-operation inside the Union. It is also an essential element in EU foreign policy action. The rule of law principle has recently faced serious setbacks in many EU member states and the situation has been portrayed as a rule of law crisis. In this article, I will focus on different mechanisms for the defence of the rule of law by EU institutions. I will also discuss the legitimacy of these acts. The article demonstrates the political nature of the rule of law concept and its consequences for defence efforts. In the theoretical part, I study the concept from the constructivist perspective of norm contestation. As the article shows, supranational defence of the rule of law principle is a very sensitive issue for the member states and it demands adoption of delicate means. The developments in recent years raises hopes for finding common ground and appropriate measures to defend the principle at the EU level.
