LEGAL FOUNDATIONS OF THE RULE OF  LAW IN THE  FOUNDING AGREEMENTS OF THE EUROPEAN UNION AND INTERNATIONAL LAW: POLITICAL, LEGAL AND SOCIAL ASPECTS

УДК 342.9:341.1/.8

ORCID: 0000-0003-4024-802X

DOI 10.37566/2707-6849-2024-3(48)-5

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Irina KOROSTASHOVA,

Candidate of Law, Doctor of Philosophy in

Law, Associate Professor, Associate Professor of the Department

of Public Administration and CustomsAdministration,

UniversityofCustomsandFinance

LEGAL FOUNDATIONS OF THE RULE OF  LAW IN THE  FOUNDING AGREEMENTS OF THE EUROPEAN UNION AND INTERNATIONAL LAW: POLITICAL, LEGAL AND SOCIAL ASPECTS

The article analyzes the legal foundations of the rule of law in the European Union, which are based on the norms of the EU founding agreements  («Treaty on European Union – Maastricht Treaty», «Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community»,  «Charter of Fundamental Rights of the EU») and on the norms of the international law  («Universal Declaration of Human Rights» , «Convention for the Protection of Human Rights and Fundamental Freedoms», «Statute of the Council of Europe»).

Democracy, the rule of law and human rights are seen as interrelated values and fundamental principles on which the EU is built and functions. The trinity of these values and principles, manifested in their interconnectedness and interdependence, constitutes the mechanism for realizing the rights and freedoms of EU citizens.

An analysis of a number of concepts of the rule of law, set out in modern studies by scientists from the EU and other countries in Europe and the world, has been conducted. The political, legal and social aspects of the rule of law in the European Union and their legal consolidation in the EU Constitutional Treaties have been investigated.  It was found that a feature of the legal regulation of the rule of law in the EU is the normative consolidation of the political and social content of the rule of law. The author concluded that in a broad sense, the rule of law in the EU is a socio-politico-legal construct on which the EU is builted and functions.

In the context of the raised topic, the main requirements and obligations recorded in the «Copenhagen Criteria» and the «Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand», that must be fulfilled by Ukraine as a candidate country for joining to the European Community was considered.

The author of the article identified promising directions and aspects of further scientific research on the rule of law in the EU. Theoretical and practical results of such research will contribute to understanding the value, essence and content of the rule of law, fostering a culture of the rule of law and will be an invaluable contribution to the process of European integration of Ukraine.

Keywords: rule of law, European Union, legal regulation, democracy, human rights, public authority, EU rule of law policy, European integration.

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