Making and Applying the European
Union Law – Is It Truly Non-compliant
with the Democratic Standards?
The publication is a polemic to the article of prof. Krystyna Pawłowicz entitled (Acquis
communautaire and standards of democratic state of law). Contrary to her view,
the author holds an opinion that philosophical foundations of the EU are the principles
of liberal market economy. Joining the EU means not only development of the
European state and society. It is a deliberate social choice to follow certain principles
in law making and law abiding. The concept of an acquis is not contrary to the democratic
standards; it is nothing more than the rules of law as interpreted and applied
by the relevant EU institutions. Further the paper analyses position of the EU courts.
The fact that the courts more often apply functional approach towards the law interpretation
does not confl ict per se with democratic principles as the same process
takes place in the common law countries. The EU should not be perceived as a single
state (or „a superstate”). Provisions introduced by the Treaty of Lisbon show that it
should be treated as an intergovernmental organization, albeit with unusually strong
regulatory powers. On the other hand, the concept of implied powers is almost absent
in the EU. Division of competences among the EU institutions is a logical result of
the EU structure; hence its comparison to a state is unfounded because the EU is not
a state. The law-making process has a strong dimension of negotiation because the
Member States retain their sovereignty. Finally, principle of the EU law supremacy
over the domestic laws does not contravene rules of national or international legal
order provided that the scope of the EU competence is not extended without consent
of the Member States. Also the principle of sovereign equality of states is not affected
by any provision of the European law.
 2-2010 - rudolf.pdf | 489 kB |
