RULE OF LAW: LEGAL PRINCIPLE(S), EU RULE OF LAW MECHANISM AND CONSTITUTIONAL CATEGORY IN THE REPUBLIC OF SERBIA
DOI:
https://doi.org/10.61837/mbuir010223114vKeywords:
rule of law, democracy, judiciary, corruption, media freedomAbstract
The rule of law is a civilizational achievement and a legal standard that limits the actions of public authorities to actions exclusively within the framework of the law in accordance with democratic values and respect for human rights and basic freedoms. Limitations on the actions of public authorities established by law are monitored by independent and impartial courts that draw the limits of the state's actions in the encroachment and violation of the rights and freedoms of citizens. Thus, the rule of law directly affects the lives of citizens and is a prerequisite for achieving equality before the law and protecting the rights of citizens. Today, the rule of law is a constitutional category in all democratic states. It is an integral part of all laws related to state regulation, criminal protection, media freedom. Most often, the legal standard that is referred to by politicians, holders of high power and high civil servants is publicly presented. One gets the impression based on the public discourse that there is no other legal topic, category, area that is mentioned more and that everyone refers to on the one hand, and the area that is most misused and violated, on the other hand. In this paper, the emphasis is placed on some of the existing definitions of the rule of law and the elements and legal principles that are an essential part of the rule of law in international frameworks are analyzed. The analysis of the mechanisms of the rule of law of the EU determines the constituent elements of the rule of law that are the subject of the newly established annual assessment of the state of the rule of law in the member states conducted by the European Commission. Also, a special focus in the paper is placed on researching the constitutional foundations of the rule of law in the Republic of Serbia and the institutional application of elements of the rule of law that are of particular importance for citizens and the process of European integration. integration.
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