From Values to Anti-values of the European Union Law

Abstract

The study is an attempt at a general, synthetic reflection on the values and anti-values of European Union (EU) law, that is why the analysis of specific legal institutions has been limited to the necessary minimum. Paradoxically, the anti-values of EU law are associated with: the process of universalization of values expressed by this law; axiological irrationality; violation of the right proportions between the protection of the common good and the public interest and the protection of individual freedoms and interests; appropriateness in the relationship between means and ends. In addition, they are associated with the lack of authority and democratic legitimacy of the entities creating EU law, legislative inflation and expansion of the material scope of regulations, especially with interference in areas of particular social sensitivity. EU law is perceived as a normative system pursuing unclear interests instead of protecting individuals from excessive interference in the sphere of their freedoms and rights. It becomes a source of oppression, weakens the position of the individual in relation to public authorities, and is also an example of the dominance of ideology over rationality. Other dysfunctions of EU law are related to the quality of the law, its predictability, clarity and even accessibility. All these phenomena increasingly make EU law a source of tension and inter-institutional, inter-state and social conflicts.