EU「共通の価値」と加盟国の法治体制

書誌事項

タイトル別名
  • “Common Values” of the European Union and the Rule of Law in the Member State: The EU Politics and Hungary
  • EU「共通の価値」と加盟国の法治体制 : ハンガリー問題のポリティクス
  • EU 「 キョウツウ ノ カチ 」 ト カメイコク ノ ホウチ タイセイ : ハンガリー モンダイ ノ ポリティクス
  • ―ハンガリー問題のポリティクス―

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<p>The rule of law has been one of the core principles on which any modern constitutional states have been founded. It shall be considered that this principle is enabled by securing an independent judicial power or supremacy of law. This principle has been deprecated around the world recently. Peoples facing the global economy and the changing international order have a tendency to hope for charismatic political leaders who relieve their anxiety. Such leaders may not hesitate to show mettle to disdain the rule of law so as to meet people’s expectations.</p><p>Such a situation has been observed in Europe. The shocking case is that of Hungary, which is facing blame for attaching little importance to the rule of law related to the independence of the national central bank and of the constitutional court, freedom of expression amongst civilians and in the media, national election system and minority protection.</p><p>How has the European Union, of which this state is a member, recognized and reacted to its negligence of the rule of law?</p><p>This analysis could be helpful in speculating on how the Union, being composed of 28 European states, has formed a community of values. As expressed in the Schuman Declaration of 1950, the original aim of the Union was to become a community of security led by France and Germany. In order to realize such a community, states made an attempt to construct an economic community. It was later that the Union and its member states developed an awareness of a need to become a community of values. Citizen’s lives and the activities of companies had been affected by the Union’s day-to day decisions directly, and addressing of the Union’s common policies toward Communist or Arab/African countries made the Union conscious that its policies should be based on respect for human rights and democratic principles. Furthermore, in the process of enlargement to the eastern part of the European continent, a thorough sharing of these principles amongst all member states was perceived as one of the Union’s priorities.</p><p>This paper seeks to examine the Union’s deficient powers in taking preventive measures and making Hungary comply with the rule of law. The European Commission has introduced a new framework in order to strengthen the rule of law in member states, though the council of the Union has hesitated to accept it. Hungary treats the EU with considerable distrust because of the Union’s authoritative nature and the perception of the Union as being a factor in causing economic stagnation after the global financial crisis. Even if the Union could acquire additional power to force its principles, it is difficult to foresee successful formation of a community of values at present.</p>

収録刊行物

  • 国際政治

    国際政治 2015 (182), 182_30-182_43, 2015

    一般財団法人 日本国際政治学会

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