Європейське бачення принципу верховенства права

Abstract

Розглядаються питання історії виникнення верховенства права як кон- цепції та правового явища в ЄС. Верховенство права позиціонується як Обґрунтовано, що верховенство закону має бути реалізовано на стадії ватися всі держави.

This article is devoted to the issues of the rule of law, the history of its origin as a concept and legal phenomenon. The rule of law is positioned as a universal principle of ensuring human rights, which all states are obliged to adhere to. The article analyzes the legal nature and content of the rule of law as a principle, a legal phenomenon, and a conceptual approach to modern human rights. The analysis revealed that simple formation of a perfect system of legislation that enshrines fundamental rights and human freedom and establishing an eff ective legislative procedure is not enough to build a democratic society. The principle of the rule of law is in fact the only eff ective means of ensuring the inviolability of democracy, as well as one of the its main features, and its provision and control – a guarantee of ensuring human rights in that the degree to which decent living conditions are created for each person. It has been proven that neither the founding treaties nor the current primary legislation provide for a mandatory provision that would declare the supremacy of EU law over the national law of the member states. In the article, that right, comes forward as eff ective means of adjusting onl y in the conditions of supremacy of thelaw. Principle of supremacy of right is t he basis of activity of UnitedNations and other international organizations, and also political institutes of the modern developed states. It has been shown that a pan-European understanding of the concepts studied takes into account the main aspects of the concept of “rule of law”: all persons, whether public or private, must be bound by law and have the right to enjoy it. It is shown that modern society has developed an eff ective mechanism for ensuring the rule of law, which includes: the existence of the basic law of the country – the Constitution or its equivalent; clear and consistent system of legislation; institutions of justice, administration and security, which have the means and capabilities to ensure the application of legislation; legal culture. In the absence of equal law for all, the progressive development of society is impossible. Where there are groups above the law, as well as the practice of selective application of the law, incentives for development disappear. It is substantiated that the rule of law should be identifi ed and implemented at the stage of law enforcement and the fi rst step towards this is to increase the role of law as the main and primary regulator of public relations.