Europeanization of law and other concepts of legal discourse: correlation of concepts

Abstract

The article explores the concept of "Europeanization" that is a multifaceted and multi-vector concept that implies different directions of its realization. The author analyzes the concept through the prism of the influence of European law, policy, policies, identities, value sand standards on national level on national law and the relation with other concepts of legal discourse. It is noted that Europeanization, in the context of changes in law, is, first and foremost, the influence of European law (in the broad sense) on the processes of adoption, application and interpretation of rules of national law. At the time of adoption - it is the duty of the national legislator to reject rules which are contrary to the provisions of European law and to adopt those which will comply with them; application - it is incumbent on national public authorities to directly comply with the rules of European law and to refrain from applying provisions contrary to it; interpretation - there is a special procedure for clarifying the meaning and content of a rule of law intended to extend it to an indefinite circle of persons, which would fit the purpose and objectives of European law. It is important that the scope and content of the obligations outlined must be appropriate to the sphere of public relations subject to such regulation and to the status of the State whose legal system is subject to such influence. After all, it is clear that the impact of EU law on its Member States has a different character than, for example, the impact on the law of Ukraine as a third country – an associate member. It is noted that in characterizing the concept of «Europeanization» it is necessary to draw a clear line of demarcation between this term and other concepts: adaptation, approximation, convergence, unification, implementation, execution, etc. It is concluded that the concept of «Europeanization» is multifaceted and multi-vector, which implies different directions of its implementation. Europeanization, as a rule, is a hierarchical influence that concentrates on transposing European norms and standards to the level of other states, including those that are not members of the European Union.