prawo UE

  • Zasada rządów prawa w polityce zewnętrznej Unii Europejskiej

    Author: Jakub Greń
    Institution: Uniwersytet Warszawski
    Year of publication: 2013
    Source: Show
    Pages: 157-175
    DOI Address: https://doi.org/10.15804/ppk.2013.02.08
    PDF: ppk/14/ppk1408.pdf

    Rule of law, whose core is „the access to an independent judiciary and judicial review”, fulfills in EU external policy two functions. Firstly, according to the art. 21 of TEU, all EU external actions have to be subdued to the rule of law. Secondly, promoting and consolidating the rule of law is one the objectives of EU external action. In most constitutional systems, a wide margin of appreciation is left as regards to foreign policy and judicial review is considerably limited. In case of EU, the Court’s jurisdiction over EU external policy is differentiated and reflects the old pillar structure. The question which arises here is whether it can be accommodated with the disposition of the art. 2 of TEU, which states that the European Union which is a single legal entity „is founded on the value of rule of law”, and with the principle of EU external policy coherence.

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