Promozione e protezione dello Stato di diritto nello spazio giuridico europeo. Il ruolo dell'Unione Europea e delle altre organizzazioni internazionali

Abstract

The rule of law subsists on a great paradox: although widely used, it is an expression rarely known, probably one of the most “elusive” from a legal point of view. Shaped around the concept of the State, it is the product of a historical evolution that has been going on for centuries and which includes a plurality of legal and political traditions: from the German conception of a statist nature to the Anglo-Saxon one, with an individualist and liberal matrix. Without doubt, it is a qualifying idea of the European legal tradition. If it is not possible to offer a terminologically unambiguous definition, this work intends to embrace a substantive vision, identifying as principles suitable for identifying its minimum content the principle of separation of powers, the principle of legality, the principle of legal certainty, the prohibition of arbitrary exercise of power, equality before the law and the guarantee of fundamental rights, ensured by a judicial system composed of independent and impartial judges. The “irruption” of a distinctly national concept within the international and European legal framework raises a series of questions relating to its content, its scope and the legal instruments for its protection, once the borders of origin have been crossed. In this context, the present work intends to deal with the promotion and protection that the principle of the rule of law receives within the European region, in particular, by three regional organizations: the OSCE, the Council of Europe and the European Union. ... [edited by Author]