Metalegal Discourse: Nature and Origin of the European Union Law as an Argument Pros and Cons Integration
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Abstract
The report deals with the European Union integration processes in terms of diversity of civilizations and law traditions.
The diversity of nations and cultural traditions in a large territory predetermines the existing metalegal differences that most frequently are referred to as differences in the nature of law or, more broadly, of civilizations.
The development of Europe from the European Coal and Steel Community to the European Union was the economic integration process, its one of the goals being to level developmental and economic variances. Membership of the state in the European Communities was the issue of credits and accounts: the membership conditions were determined by legal assistance and they could be achieved by the corresponding internal policy and control from outside. This became more complicated after adopting the Single European Act. The document diverted Europe to political integration with the single legislation, this being expressed by a new name of the European Union. The general policy is based on common decisions, which are predetermined by values.
The European Union is constituted of individual states, representing Christian – Western culture. Thus, the European Union represents the Western civilization, the development and nature whereof is predestined by Christian culture. Even though secularity is stressed in the Western law tradition, the fundamentals of tradition, however, are based and reflect the Christian values. Due to this reason, disagreements arise as regards the further development of the European Union. Part of the politicians and advocates of the doctrine hold that further integration is possible only among the states possessing identities in culture, values and tradition, thus the vision of Christian development is being developed. The opponents of this vision are of the opinion that the greater development should be effected; cultural differences should not be an obstacle for integration processes, if only the states are determined to follow the system of values declared by the European Union and clear democratic principles. Such dipolar positions are quite understandable and explainable in the “light” of globalization of cultures and religions. To-date, the efforts exist on the part of both the Christian and Moslem “community members” to make use of traditional values as a shield and barrier. However, with the development of globalization and intensive cultural, economic and political exchange, certain strict positions should need impartial correction in order to avoid destructive collisions. Both sides should search for ways to adapt themselves.
In the report, systematic, analytical and logical methods are applied.
The diversity of nations and cultural traditions in a large territory predetermines the existing metalegal differences that most frequently are referred to as differences in the nature of law or, more broadly, of civilizations.
The development of Europe from the European Coal and Steel Community to the European Union was the economic integration process, its one of the goals being to level developmental and economic variances. Membership of the state in the European Communities was the issue of credits and accounts: the membership conditions were determined by legal assistance and they could be achieved by the corresponding internal policy and control from outside. This became more complicated after adopting the Single European Act. The document diverted Europe to political integration with the single legislation, this being expressed by a new name of the European Union. The general policy is based on common decisions, which are predetermined by values.
The European Union is constituted of individual states, representing Christian – Western culture. Thus, the European Union represents the Western civilization, the development and nature whereof is predestined by Christian culture. Even though secularity is stressed in the Western law tradition, the fundamentals of tradition, however, are based and reflect the Christian values. Due to this reason, disagreements arise as regards the further development of the European Union. Part of the politicians and advocates of the doctrine hold that further integration is possible only among the states possessing identities in culture, values and tradition, thus the vision of Christian development is being developed. The opponents of this vision are of the opinion that the greater development should be effected; cultural differences should not be an obstacle for integration processes, if only the states are determined to follow the system of values declared by the European Union and clear democratic principles. Such dipolar positions are quite understandable and explainable in the “light” of globalization of cultures and religions. To-date, the efforts exist on the part of both the Christian and Moslem “community members” to make use of traditional values as a shield and barrier. However, with the development of globalization and intensive cultural, economic and political exchange, certain strict positions should need impartial correction in order to avoid destructive collisions. Both sides should search for ways to adapt themselves.
In the report, systematic, analytical and logical methods are applied.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
