Role of Legal Science in Process of Alignment of National Law with EU Standards

Kostić, Jelena and Bošković, Marina Matić (2019) Role of Legal Science in Process of Alignment of National Law with EU Standards. In: Legal Science: Functions, Significance and Future in Legal Systems I. University of Latvia, Riga, pp. 276-285. ISBN 978-9934-18-471-0

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Abstract

The European Union is based on unique system of values: human dignity and human rights, freedom, democracy, equality and the rule of law. Therefore, all candidate countries are obliged to accept these values and incorporate them into national legislation. However, this process does not mean transcription of provisions prescribed by other Member States into the country’s own national legislation. In some areas, like in the rule of law, the EU standards are provided in the form of ‘soft law’ which poses a complex task to candidate countries. To ensure that process of alignment is proper, it is necessary to keep in mind geographical, historical and cultural specificities of each country. In addition, alignment of national law with EU standards is not only an obligation of candidate countries, but also of the Member States. Following the adoption of new European legislation or changes of existing one, each Member State is obliged to align national legislation with them in the prescribed timeframe. Legal science has a very important role in the process of alignment of national legislation with the EU acquis. Role of legal science is to ensure informed decision-making by national authorities. Legal science contributes in decision-making process by providing options and recommendations on alignment of national legislation with specific EU acquis, lessons learned from other jurisdictions, challenges in practice, but also in interdisciplinary approach through cost-benefit analysis. The authors in the paper highlight the importance of legal science in the process of alignment of national legislation with EU standards, and its relevance for economic growth. One of the key preconditions for involvement of legal science in alignment of legislation with EU standards and inform of decision-makers is an adequate level of funding for scientific researches.

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