The rule of law and european integration. The (not) obvious nexus

• Pages: 101-116
• Author: Spasimir Domaradzki

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THE RULE OF LAW AND EUROPEAN INTEGRATION.

THE (NOT) OBVIOUS NEXUS.

SPASIMIR DOMARADZKI

*5%&

International Studies. University of Warsaw. Poland.

SUMMARY: 1. 1. INTRODUCTION. 2. POLITICAL VALUES AND INTE-

GRATION DILEMMAS. 3. ASSOCIATION, VALUES AND THE QUEST FOR

MEMBERSHIP. 4. CONCLUSIONS. 5. BIBLIOGRAPHY.

1. INTRODUCTION.

Today, the rule of law has become one of the main, if not the most important,

aspect of the European Union’s political dimension. Its importance is evidenced

by the fact that while other problems facing the European Union can be solved

by implementing various policies, the rule of law primarily concerns the non-

material or axiological dimension of European integration. This dimension is

not only resistant to external stimuli and susceptible to rapid modification, it

has become a source of fierce political clashes between the advocates of further

integration and their opponents. Furthermore, despite the frequent usage of the

term, there is no consensus, neither on its definition nor as to the procedures

and practices related to its application. Moreover, the rule of law exists in many

different (sometimes even contradictory) forms. While the strength of the

rule of law lies in its sublimity and superiority, together with other political

principles that are indispensable in liberal democracy such as political pluralism,

constitutionalism, or respect for human rights, any attempt to specify or adapt

the rule of law raises concerns about its practical instrumentalization.

Of course, this does not mean that the rule of law should not be considered,

pondered, and its essence recognized. In the context of European integration,

SPASIMIR DOMARADZKI

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however, the question remains: where and what should be its role in the process

of European integration? Following the American 18th century dilemma on the

state vs federal government competences, is the question about whether the

national or European level is more important still valid?

This means that the rule of law should be approached with extraordinary

caution, because either a too narrow or too broad interpretation of it can have

far-reaching negative effects on European integration. With the awareness that,

in its essence, the rule of law has as many faces as the people who treat it,1 it is

necessary to consider its evolution in the process of European integration. Hence,

in this paper I would like to focus on the question of rule of law and

the emergence of political values sensu largo in the early days of the European

integration process during the Cold War.

In terms of a temporal research framework, this paper will encompass the

period of European integration from the early 1950s to the end of the Cold War.

With regard for the vast amount of materials available and the narrow limits

of this article, the paper will rely on two parallel methodological approaches,

aiming to explore the presence, role and place of the rule of law and other

political values in European integration at that time. Based on critical content

analysis of relevant official European Communities documents, the paper will

analyse the presence and usage of the rule of law in the framework of the rhetoric

of political values. Secondly, it will explore the context in which political values,

and in particular the rule of law, are being used. The selection of documents was

based on available collections of extracts of key European documents, published

by the Polish Institute of International Affairs2 and available in online document

repositories (CVCE and pitt.edu). The list of analysed documents was narrowed

to those containing references to political values such as political pluralism,

democracy, human rights and of course, the rule of law. The study set out to

explore the meaning and context of European values, and particularly of the rule

of law in the early period of European integration during the Cold War.

2. POLITICAL VALUES AND INTEGRATION DILEMMAS.

European integration is a unique process. The tragedy of World War II and

the creation of the post-war order created fertile ground for the reassessment

1 The wide range of the debate around the rule of law can be seen in the Venice

Commission report titled Report on the Rule of Law, adopted by the Venice Commission at its 86th

plenary session (Venice, 25-26 March 2011), Study no. 512/2009, CDL-AD(2011)003ev, Strasbourg,

4 April 2011.

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