VLADAVINA PRAVA I EVROPSKI UPRAVNI PROSTOR – POJAM I NAČELA

Abstract

The first part of the paper presents the concept of the rule of law, which is otherwise a term from the Anglo-Saxon climate. The rule of law is a cornerstone of constitutional democracy, and a democratic state cannot be imagined without the rule of law. In theory, there are different understandings of the rule of law, namely: the liberal-democratic, positivist understanding and the understanding of the rule of law as a positive-legal order that has certain properties. The rule of law is based on certain principles, namely the legitimacy of power and its division, the independence of the judiciary, constitutionality and legality, constitutional guarantees of human and civil rights and freedom of the economy and economic activity. The Constitution of the Republic of Serbia from 2006 also accepted the Anglo-Saxon concept of the rule of law, or rather its terminology. Today, the rule of law is a fundamental value of the European Union and in certain significant treaties and documents, the rule of law has been constitutionalized in the European Union. European Administrative Space arises as a consequence of the practical needs of future members of the European Union and, at the same time, represents a legal framework of defined guidelines that their administrations should follow in order to become capable of future cooperation with the administration of the European Union member states, as well as with the European Union administration itself. The paper focuses on some definitions of the term "European Administrative Space" and indicates that it consists of standards and principles for the organization and functioning of public administration. The European Administrative Space is based on the idea of the convergence of European administrative systems towards a common administrative model, characterized by the principles of 1) reliability and predictability (rule of law); 2) openness and transparency; 3) accountability; 4) efficiency and effectiveness. Given the resilience of national administrative traditions, in a word their conservatism, it is not easy to arrive at a European model of public administration, but it is easier to then develop administration in creating similar detailed rules and standards, both for the member states of the European Union and for the candidate countries.