Citizens' Rights and Freedoms in the European Union

Author:Georgeta Modiga
Pages:173-180
SUMMARY

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 ... (see full summary)

 
FREE EXCERPT
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.

To continue reading

REQUEST YOUR TRIAL