The competition was open to students, postgraduates and young researchers from all universities, in particular from countries participating in research projects within the research project of the Central European Professors Network 2023. The essay could be submitted until November 15, 2023. Student were asked to focus on the following subtopics, among others: The content and meaning of the rule of law in EU or national law; Mechanisms of judicial, administrative or political review of the rule of law (by the EU, the Council of Europe, states); The powers of individual EU institutions in assessing the rule of law; The European Union as a rule of law; Different concepts of the rule of law (German, British, French) and their comparison; Criteria for determining whether an EU or EU Member State is a state governed by the rule of law; the rule of law review cycle; the EU Justice Scoreboard; the role of national constitutional courts in defining the rule of law in EU law; specific (selected) case law of the ECtHR, the ECJ or national constitutional courts relating to the rule of law and its analysis.
Students were explicitly encouraged to use artificial intelligence tools (ChatGPT, Consensus, Bing AI, DeepL, Grammarly) when writing the essay. They were also asked to describe the utilization of these tools in their essay.
The results are as follows:
1st place: Zuzanna Żurawska – Rule of Law in the EU: the EU perspective and the national perspective, Approaches to the concept in selected central European Member States of the European Union
2nd place: Tamari Vardia – Rule of Law in the EU: the EU perspective, the national perspective, and the role of courts
3rd place: Olga Jurkiewicz – The rule of law and mechanisms for its observance in the European Union: A case study of Poland and Hungary
The winners will receive a diploma plus a financial prize.
Short introduction and summaries of the winning articles:
Zuzanna Żurawska: Rule of Law in the EU: the EU perspective and the national perspective, Approaches to the concept in selected central European Member States of the European Union
The text begins by emphasizing the pivotal role of the rule of law in a thriving democracy, elucidating its connection to political freedoms and the safeguarding of civil and human rights. It argues that beyond a traditional understanding, the rule of law is a cornerstone of democratic excellence, crucial for protecting citizens’ rights through the implementation and adherence to just laws. The essay highlights the inherent complexity of the rule of law, noting its intersection with various issues and its susceptibility to misuse.
The author references questions posed by Adam Wielomski and Arkadiusz Barut, challenging the assumption that people would reject living in a state where human rights are disregarded. The essay acknowledges historical and contemporary instances where adherence to laws did not ensure justice, setting the stage for an exploration of the rule of law in today’s world, particularly from the perspectives of the European Union (EU), Central Europe, and individual national levels.
Moving into the conceptual framework, the text defines the rule of law, delineating formal and procedural principles and addressing the evolving interpretations of the term. Judith Shklar’s critique is introduced, highlighting concerns about the term losing its meaning due to ideological misuse and overuse. The distinction between the Rule of Law and „rule by law” is explored, with a positive emphasis on the former and criticism of the latter, linking the latter to the instrumental manipulation of law for political power.
A comparative analysis of different conceptualizations of the rule of law is presented, emphasizing the complexities and conflicts inherent in the interpretation of this foundational concept. The essay delves into the challenges faced by contemporary social research in understanding and measuring the rule of law, pointing to the multidimensional and contested nature of the concept.
The focus then shifts to the rule of law in national laws, with detailed examinations of Hungary and Poland. The Hungarian legal system is explored through the lens of its 1989 Constitution, highlighting a focus on formal dimensions, legal certainty, and concerns about constitutional stability. In the case of Poland, the essay touches upon controversial actions since 2015, acknowledging criticisms and questioning whether accusations align with reality. The legal regulations guaranteeing the rule of law in Poland are mentioned, and the adherence to these principles is scrutinized.
The EU’s approach to the rule of law is outlined, emphasizing its foundational role in the Union. Article 7 TEU is discussed as a mechanism to address violations, with a focus on recent challenges with Poland and Hungary. The tensions between the EU’s right to intervene and Member States’ claims of national sovereignty are explored, highlighting the mechanisms available to the EU for monitoring and addressing violations.
The challenges of ensuring the rule of law within the EU are enumerated, including diversity in legal systems, reluctance for external scrutiny, and the effectiveness of existing mechanisms. The essay proposes potential solutions, such as enhancing clarity in the rule of law framework, fostering dialogue, strengthening civil society, and continuous improvement based on lessons learned.
In conclusion, the text reiterates the foundational importance of the rule of law in democracies, particularly within the EU context. It emphasizes the need for a balanced approach that respects the diversity of Member States while ensuring a common commitment to shared principles, encapsulating the complexities and challenges inherent in upholding the rule of law within a diverse European landscape.
II. Tamari Vardia – Rule of Law in the EU: the EU perspective, the national perspective, and the role of courts
Text written by Tamari Vardia provides a comprehensive overview of the rule of law in the European Union, covering its historical roots, significance, and its implementation at both the EU and national levels. In short, in this article the author states that:
The rule of law is a foundational concept for democratic societies, ensuring impartial governance and protecting individual rights. It is a multifaceted principle in the European Union, encompassing EU, national, and judicial perspectives.
The concept of the rule of law dates back to ancient Greece and the Magna Carta, emphasizing the importance of equality before the law. Philosophers like Plato and Aristotle endorsed the idea, highlighting the virtue of citizen obedience to regulations.
It is also a principal crucial for the current EU. The EU’s legal system, with 27 Member States, relies on certain principles, including the rule of law, to function effectively. Dworkin emphasizes reducing discretion, ensuring decisions align with principles respecting individual rights and community values. Judges play a crucial role in interpreting and applying the law, striving to find the best interpretation of legal principles. Thus the focus of the EU on national judiciaries.
The author also mentions the Flaminio Costa case. This case affirmed the supremacy of EU law over national laws, ensuring uniform application across Member States. It emphasized legal certainty and allowed individuals to directly invoke EU law for equal treatment in federal courts.
The author asks, Why does the rule of law matter? And the answer is that the rule of law protects fundamental rights, preventing tyranny and lawlessness, and ensures that no one stands above the law.
Another question raised is whether it is a principle common to the Member States. Here, the author concludes that the rule of law is a shared principle among all EU countries, despite variations in legal traditions and interpretations.
In her work, the author distinguishes thin and thick versions of the rule of law, encompassing elements that protect citizens from the state and from each other. She also points out differences in different concepts of this principle. rule of law, Rechtsstaat, and Etat de droit – while similar, these terms are not always synonymous. For example, the German concept emphasizes clear and consistent laws, the British focuses on the supremacy of law, and the French underscores the state’s role in upholding the rule of law.
The author pays in her essay the attention also to the national and EU-level courts and their role in enforcing the rule of law, ensuring consistent application of EU principles across Member States. She notes that the Court of Justice of the European Union acts as the ultimate referee, harmonizing interpretations and addressing disputes.
In the end, she concludes, that the rule of law is a multifaceted principle in the EU, involving EU and national perspectives, with courts playing a crucial role in its enforcement. Trust in institutions and leaders is a key outcome of the rule of law, contributing to a well-ordered, peaceful, and equitable society.
III. Olga Jurkiewicz – The rule of law and mechanisms for its observance in the European Union: A case study of Poland and Hungary
The text provides an in-depth examination of the rule of law and its adherence within the European Union, with a specific focus on Poland and Hungary as case studies. It underscores the importance of the rule of law as a foundational framework guaranteeing responsible governance and equal rights for all citizens. The author addresses the challenges posed by some European politicians, particularly those in power in Poland and Hungary, who question the validity of the rule of law, portraying it as a mere political tool used to undermine their policies.
The legal and political obligations of EU Member States to uphold the rule of law are highlighted, citing Articles 2 and 7 of the Treaty on European Union as the guiding principles. Article 7 TEU, in particular, is explored as a crucial mechanism for addressing violations of fundamental EU values, involving both preventative and sanction procedures. The paper emphasizes the indispensability of the rule of law in various aspects of EU operations and its role as a prerequisite for Member States to fulfill their obligations.
The author delves into troubling developments in Hungary and Poland, where governments have sought greater political control over the judiciary, eroding checks and balances. Resistance to complying with CJEU rulings, such as the case of Poland’s Disciplinary Chamber of the Supreme Court, is discussed. The European Commission’s responses, initially relying on „political dialogue,” are examined, with a shift towards more potent measures in 2019, including infringement proceedings and financial penalties, especially in Poland.
The competition for the best essay on the rule of law was a dissemination event for doc. JUDr. David Sehnálek, Ph. D. in the Central European Professors’ Network 2023 project coordinated by the Central European Academy. The credits for an idea of a student’s essay competition goes to Prof. Marcin Wielec, the Institute of Justice in Warsaw, who was an inspiration. Students were specifically asked to work with AI tools and their utilization was a part of the final evaluation of their works. Subsequently, quite logically, AI (ChatGPT) was used to create a summary of the winning essays.
The event was organized within the framework of the Central European Professors Network 2023 research project. The project is being implemented with the active participation of seven countries (Czech Republic, Croatia, Poland, Hungary, Serbia, Slovakia, Slovenia).
