The promotion of the Rule of Law in the decisions of the European Supranational Courts: a new Constitution for Europe?

Abstract

The Rule of Law is continuously changing its borders. The judicial activism of the European Supranational Court has managed to promote a thick conception of the notion and face the backsliding of many Member States. The article analyses the origins and the evolution of the concept in the decisions of the European Court of Justice and the European Court of Human Rights. It tries to highlight the different approaches of the Courts and how the comparative method influenced its content. The Rule of Law can be considered a fundamental component of the European public order and a backbone of modern constitutional democracies