THE EVOLUTION OF THE CONCEPT OF THE STATE UNDER THE INFLUENCE OF EUROPEAN UNION LAW AND THE STANDARDS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstract

The article is devoted to the study of the evolution of the concept of the state under the influence of European Union law and the standards of the European Convention on Human Rights and Fundamental Freedoms. It is substantiated that contemporary European integration processes lead to the transformation of classical theoretical and legal perceptions of the state as the bearer of absolute sovereignty and the sole centre of public authority. It is demonstrated that EU law, as an autonomous legal order sui generis, together with the Convention system of human rights protection, forms a multilevel model of legal regulation within which the state functions as an element of complex supranational legal interaction. The article analyses the impact of the principles of primacy and direct effect of European Union law on the limitation of state sovereignty, as well as the significance of the doctrine of positive and negative obligations of the state, developed in the case law of the European Court of Human Rights, for rethinking the functions of public authority. It is emphasized that in the contemporary European legal space the state appears not only as a subject of authoritative regulation, but primarily as a guarantor of the effective protection of human rights and fundamental freedoms. Special attention is paid to the synergy between EU law and the standards of the European Convention on Human Rights, which is manifested in the interaction between the Court of Justice of the European Union and the European Court of Human Rights and contributes to the unification of approaches to human rights protection. The conclusion is drawn that a model of a “rule-of-law, limited and accountable state” is being formed, within which public authority is exercised with due regard to supranational legal obligations and the principle of the rule of law. It is substantiated that the transformation of the concept of the state is of significant importance for national legal systems, as it requires the adaptation of constitutional theory, legislation and law enforcement practice to European standards. Prospective directions for further scholarly research related to the development of the theory of state and law in the context of European integration are identified.