The rule of law is not only a constitutional principle, a set of
constitutional guarantees, an extension of fundamental rights
and an independent judiciary.
The
rule of law is also part of a culture, or more precisely a specific legal culture.
There may be comparable legal standards in the constitutions of other parts of
the world, but just as there is a "European
way of life”, there is also a "European
culture of rule of law”. It is supported by the state authorities in the separation of powers of a democratic state. In individual Member States, the struggle for this
culture is often
arduous and fierce.
A return to the roots
of the European rule of law in Roman law, as well as in
German-speaking Central Europe and Anglo-Saxon law, can provide a compass to
help overcome the crises.
Key words: Rechtsstaat, Europe, European Union, rule of law, constitution,
constitutional guarantees, human rights, democracy.