The accusations of violation of the "rule of law" brought against certain States of the European Union, members of the so-called Visegrad group (Hungary, Poland, the Czech Republic and Slovakia), raise the very serious question. manipulation of legal concepts carried out with the aim of denying European nations their right to democratic self-determination.
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"Seen from elsewhere" N ° 28 - The European rule of law put to the test of Hungary
The notion of the rule of law (
Rechtsstaat
), forged by German jurists of the 19th century, covered two different meanings according to the authors.
Some saw in the idea of submitting the state to law a means of ensuring a liberal and moderate government, others only a technique of hierarchical organization of the administration intended to avoid arbitrariness and to guarantee legal certainty. by forcing officials and judges to decide according to general pre-established laws, known to all and equal to all.
The first conception aimed at the content of the public decision, the
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