ABSTRACT

Chapter 1 provides the conceptual foundation for further research by exploring the conceptual issues related to the rule of law in the EU legal order and distinguishing the consensual components of the rule of law concept. In particular, the analysis of the conceptual problématique of the rule of law includes an insight into: (i) the role the rule of law plays in the EU legal order; (ii) the formal and substantive approaches to the rule of law in scholarship and (iii) the interplay between the concepts of democracy and the rule of law in the EU politics and law. Based on the extensive legal analysis and literature review, we distinguished legality, legal certainty, accountability, transparency, judicial review, equality and non-discrimination, and the relationship between international and domestic law as the consensual components of the rule of law.