Citizens' Rights and Freedoms in the European Union

• Author: Georgeta Modiga
• Pages: 173-180

The European Citizen and Public Administration

173

Citizens' Rights and Freedoms in the European Union

Georgeta Modiga1

Abstract: This paper combines elements of general theory of law, elements of comparative law and European

Union law. Currently, we are seeing some fascinating challenges for the rights and freedoms in the European

Union. Creating a united Europe raises a delicate problem - compatibility of national values and those of the

European Union. Unfortunately, the twenty-eight national identities are threatened by this process so that we

wonder, on the other hand, if th e peoples of Europe are prepared to give up elements of their specificity and

embrace unity in diversity. Perhaps European Union law, which is characterized by multilingualism and

multijuridism be considered a new type of law, appeared in view the laws of the world? Only to the extent that

the European Union is based on a legal will self and the principles and values that are within the eternal law,

both the rationale individual and national identity of the Member States, it is possible unity in diversity and

hence there is a new family la w. The importance of theoretical and applicative value of this study presents

practical relevance for specialists in the field, who work in the judiciary or in the national public

administration, and more.

Keywords: European identity; Community policies; European law; rights, freedoms, the European Union

1. General Consideration

Being a pillar of the legality of the European Union, the general principles of law impose to the

European institutions, being on a higher place of the law in the hierarchy of EU norms.

It should be emphasized that these principles also apply to Member States, when and to the extent that

they act in the domain of European law. We also note that in order to speak of a new legal typology, it

is needed first of an autonomous will that leads the legal decision-making process of the EU, the will

which represents not only a simple arithmetic sum of individual wills of the Member States; thus the

States undertake to submit to a separate legal will distinct of their own.

Besides the autonomous will that orders the legal creation, the new typology implies also the existence

of general principles that would command the essential directions of constructing and developing the

European legal order.

Regarding the consecration of the dimension of rights and fundamental freedoms, at international level

in that period it was drafted the Universal Declaration of Human Rights adopted on 10 December

1948, which, however, is a statement of principle, without clear sanctioning provisions that “it is not

an international treaty, generating legal rights and obligations”; later, after nearly a decade there were

developed two Pacts: the International Covenant on Economic, Social and Cultural Rights (adopted

and opened for signature by the Resolution of the General Assembly of the United Nations no. 2200 A

1 Associate Professor, PhD, Faculty of Law, “Danubius” University of Galati, Romania, Address: 3 Galati Blvd, 800654

Galati, Romania, Tel.: +40.372.361.102, fax: 40.372.361.290, Corresponding author: georgeta.modiga@univ-danubius.ro.