Acceso usuarios
Ivan Ivanets
This article examines the rule of law as both a philosophical and practical standard for civil rights within the judicial system. This research employs the six-component framework established by the Venice Commission. The components include legality, clarity, prohibition of arbitrariness, access to justice, respect for human rights, and equality before the law. In comparative analysis, guiding principles are converted into evaluative categories. A total of 148 court opinions were analyzed. The sample included cases from the ECHR, CJEU, Spain, and Ukraine. Supranational courts consistently apply all six essential components. This guarantees procedural fairness and the protection of rights. Spanish case law consistently establishes proportionality, equality, and access to justice throughout the legal system. Actual guarantees represent manifestations of abstract notions. Ukrainian practice demonstrates merely superficial integration. The Supreme Court and Constitutional Court frequently utilize proportionality and legal certainty in their rulings. Political interference, inadequate law enforcement, and neglect by subordinate courts contribute to the fragmentation and unpredictability of the judicial system. The research contextualizes the data within theoretical frameworks and comparative analyses. The rule of law framework established by the Venice Commission exhibits greater analytical rigor compared to earlier definitions. Numerous modifications have been suggested for Ukraine. This legislation establishes a Spanish-style proportionality review, enhances law enforcement, initiates pilot monitoring programs in lower courts, and incorporates six elements into judicial education. The comprehensive application of the Venice Commission method to both national and supranational contexts represents a significant scientific contribution. This approach is pragmatic, as it suggests reform measures aimed at legitimizing the judicial system and aligning transitional systems with European principles. This study highlights the significance of the Ukrainian experience within Spanish and European academic discourse. The challenges and opportunities of implementing the rule of law in transitional democracies are outlined herein.
