The principle of the rule of law as a means of upholding fundamental values: a perspective through the lens of EU law and ECHR case law

The research conducted demonstrates that the rule of law, as a fundamental legal value and juridical category, is deeply integrated into the constitutional and legal fabric of national legal systems and constitutes an inseparable foundation of international law and the legal systems of supranational unions. Drawing on the case law of the Court of Justice of the European Union, it is substantiated that, in cases where the rule of law principle is violated during the drafting of a legal norm or its application, an effective judiciary must act to prevent arbitrariness by the state (represented by its authorities) and bring the regulation of social relations into line with justice as one of the fundamental tenets of law. It is argued that judicial practice in resolving certain categories of disputes concerning the rights and legitimate interests of citizens demonstrates the interpretation and application of legislative acts in a manner that is inconsistent with the rule of law principle. This is evidenced by some of the most high-profile cases directly related to the protection of citizens’ rights violated due to non-compliance with the procedure and conditions of conscription during mobilization. Emphasis is placed on the fact that the conflicts in the interpretation and application of legislative acts created by the Supreme Court should be regarded as the result of inconsistent (selective) consideration of fundamental principles of law, such as the principle that «unlawful acts do not give rise to lawful consequences», which should be considered in systematic correlation with the rule of law principle and legality as its component, and as the result of inadequate consideration of the Convention, the case law of the ECHR and EU law.

rule of law principle, fundamental values, ECHR, EU law, justice, rights and legitimate interests of citizens