The Rule of Law and the European Union, a Philosophical Analysis

Abstract

Looking at both the continuing expansion of the European Union and the the establishment of a European Constitution in which the importance of the rule of law is emphasised, it is relevant to give a thorough examination of what constitutes the rule of law. This research will thus strive to provide an answer to the question What is the Rule of Law and what is its function in the European Union?. By answering this question, close attention will be paid to the historical and philosophical aspects in which the rule of law came into existence, and different interpretations and examples will be demonstrated. Looking at the role of the rule of law within the EU, different problems will be stipulated, especially taking into regard future regulations. The method in which this research thesis will be conducted is by way of a literature review and the research impact will aim at the contribution to existing literature and a possible foundation for future research about the development of the rule of law as the foundation of a legal system.