ISSN 1087-2221. Ficheiro de 400 Kb em formato pdf (81 p.). Também disponível em: https://centers.law.nyu.edu/jeanmonnet/papers/09/090401.doc. Acedido a 5 de Janeiro de 2011.

"The rule of law is one amongst a number of principles that are together regarded asunder-girding the EU polity and common to the EU Member States. This paper first asserts thatthe rule of law can be accurately described as a “common principle.” A series of “shared traits”are outlined with respect to the three dominant constitutional traditions in Europe (England,Germany and France) and it is argued that these shared traits are sufficiently robust to amount toan identifiable common denominator. The meaning, scope of application and normative impactof the rule of law in the EU’s constitutional framework is then explored in light of these sharedtraits. An attempt at distinguishing between the conventional and distinctive features of the EUrule of law is made. This paper suggests that similarly to national experiences, the EU rule of lawhas progressively and rightfully become a dominant organizational paradigm, a multifacetedlegal principle with formal and substantive elements which nonetheless lacks “full” justiciability.However, the EU rule of law also presents distinctive features which reflect the EU’s originalconstitutional nature".ÍNDICE:1. Introduction. 2. The Rule of Law in the EU Constitutional Framework: Preliminary overview2.1. From Court’s Dictum… 2.2 … to a formalized “Constitutional” Principle. 3. A principle common to the Member States? 3.1 Rule of law, "Rechtsstaat" and "Etat de droit". 3.1.1 The Rule of Law in the English legal tradition. 3.1.2 Continental variations on the same theme. 3.2 Unity and diversity in the national understandings of the Rule of Law. 4. Shared and distinctive features of the EU Constitutional Principle of the Rule of Law. 4.1 Shared features. 4.1.1 The Rule of Law as a foundational principle. 4.1.2 The Rule of Law as an umbrella principle with formal and substantive components. 4.1.3 The Rule of Law as a rule of law. 4.2. Distinctive features. 4.2.1 The Rule of Law as a politico-legal benchmark. 4.2.2 The Rule of Law as a foreign policy objective. 5. Conclusion. Annex: References to “the rule of law” in the case law of the EU courts (Sept. 2002-2008).