Цінності Європейського Союзу як орієнтир для правової системи України
EU Values as a Guide for Ukrainian Legal System
Author(s): T. KomarovaSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: European Union; EU values; rule of law; Court of Justice of the EU; judicial independence; European integration;
Summary/Abstract: The relevance of the research topic is connected with Ukraine’s candidate status for joining the European Union which raised the question of Ukraine’s fulfillment of its obligations to implement part of the EU acquis into the national legal system. The European Union pays special attention not only to the fulfillment of obligations for the implementation of specifically defined EU legal acts, but also to the respect and dissemination of its values by the candidate states. After all, the biggest challenge that the EU has faced at the current stage of its functioning is the violation of EU values by Member States and weak mechanisms for countering such violations. This, of course, requires a rethinking of approaches to the protection of values enshrined in Art. 2 of the EU Treaty: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. The practice of the Court of Justice of the EU, which was a response to the violation of the rule of law by Poland and Hungary, has a great impact on the trends in the protection of EU values. Therefore, the purpose of the research is to study the evolution of the status of EU values, their interpretation by the Court of Justice of the EU, as well as the analysis of their protection mechanisms. In the research the study of the practice of the Court of Justice of the EU in the field of the rule of law is analyzed because it is important for Ukraine, as it contains the interpretation of this value, which is common to Ukraine and the EU and the observance of which plays a key role in Ukraine’s successful entry into the Union
Journal: Проблеми законності
- Issue Year: 284/2024
- Issue No: Special
- Page Range: 61-82
- Page Count: 22
- Language: Ukrainian