Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 68
Enero
Junio
2021
Recibido el 26/08/2020 Aceptado 08/02/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 68 (Enero - Junio) 2021, 463-475
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Role of the Philosophy of Law in the
process of unifying the legal systems of
the members of the European Union in
the context of the Common Framework of
Reference Project
DOI: https://doi.org/10.46398/cuestpol.3968.29
Fursa Svitlana Yaroslavivna *
Kukhniuk Dmitriy Vladimirovich **
Bondar Iryna Vadymivna ***
Maliarchuk Liubov Sergiivna ****
Derii Olena Olexsandrivna ****
Abstract
The study discusses the role of the philosophy of law in the
process of unifying legal systems through the prism of the principles of
the Draft Common Framework of Reference in Europe. The application of
the philosophy of law in unication processes is also a necessary condition
for the implementation of these processes about human rights and the
sovereign interests of the State, which implements the unication of the
legal order. Hence, the issue of European integration determines the
strategic direction of the state, and this leads to the unication of law. The
study aims to identify the role of the philosophy of law in the processes
of unifying the legal systems of the European Union and its importance
in the use of principles in these processes, justifying the need to use the
philosophy of law in any process of transformation. It is concluded that the
philosophy of law is a bridge harmonized with the legal sphere of operation
of both individual states and supranational associations.
* Doctor of Law, Professor Department of notarial, executive processes, advocacy, prosecution, and
litigation of Law Institute Kyiv National Taras Shevchenko University (Kyiv, Ukraine). ORCID ID:
https://orcid.org/0000-0002-3023-5287. E-mail: fursa_2003@ukr.net
** PhD in Law, Associate Professor Department of notarial, executive processes, advocacy, prosecution,
and litigation of Law Institute Kyiv National Taras Shevchenko University (Kyiv, Ukraine). ORCID ID:
https://orcid.org/0000-0003-2294-4945. E-mail: dkukhnyuk@gmail.com
*** PhD in Law, Associate Professor Department of notarial, executive processes, advocacy, prosecution,
and litigation of Law Institute Kyiv National Taras Shevchenko University (Kyiv, Ukraine). ORCID ID:
https://orcid.org/0000-0002-0224-7758. Email: irbond2223@gmail.com
**** PhD in Law, Associate Professor Department of notarial, executive processes, advocacy, prosecution,
and litigation of Law Institute Kyiv National Taras Shevchenko University (Kyiv, Ukraine). ORCID ID:
https://orcid.org/0000-0002-0169-0272. Email: mlsergiivna@gmail.com
***** PhD in Law, assistant of the Department of notarial, executive processes, advocacy, prosecution, and
litigation of Law Institute of Kyiv National Taras Shevchenko University (Kyiv, Ukraine). ORCID ID:
https://orcid.org/0000-0003-4989-6322. Email: olenaderii12@ukr.net
464
Fursa Svitlana Yaroslavivna, Kukhniuk Dmitriy Vladimirovich, Bondar Iryna Vadymivna,
Maliarchuk Liubov Sergiivna y Derii Olena Olexsandrivna
Role of the Philosophy of Law in the process of unifying the legal systems of the members of the
European Union in the context of the Common Framework of Reference Project
Keywords: philosophy of law; unication processes; principles of the
common framework of reference; adequacy of legislation;
national sovereignty.
Papel de la Filosofía del derecho en el proceso de
unicación de los sistemas jurídicos de los miembros de
la unión europea en el contexto del proyecto de Marco
Común de Referencia
Resumen
El estudio discute el papel de la losofía del derecho en el proceso de
unicación de los sistemas jurídicos a través del prisma de los principios
del Borrador del Marco Común de Referencia en Europa. La aplicación
de la losofía del derecho en los procesos de unicación es además una
condición necesaria para la implementación de estos procesos con
respecto a los derechos humanos y los intereses soberanos del Estado, que
implementa la unicación del ordenamiento jurídico. De ahí que el tema
de la integración europea determina el rumbo estratégico del estado, y
esto, conduce a la unicación del derecho. El estudio tiene como objetivo
identicar el papel de la losofía del derecho en los procesos de unicación
de los sistemas jurídicos de la Unión Europea y su importancia en el uso
de los principios en estos procesos, justicando la necesidad de utilizar la
losofía del derecho en cualquier proceso de transformación. Se concluye
que la losofía del derecho es un puente armoniza con la esfera legal de
funcionamiento tanto de los estados individuales como de las asociaciones
supranacionales.
Palabras clave: losofía del derecho; procesos de unicación; principios
del marco común de referencia; adecuación de la
legislación; soberanía nacional.
Introduction
In today’s world, in the international arena, much attention is paid
to the unication, cohesion of the parties. This is explained by the fact
that in resolving certain issues and facilitating the implementation of
planned tasks is of great importance the support of other full participants
in this relationship, which allows to achieve the goal. At present, in the
international community, the role of such a participant in legal relations is
played, in particular, by the European Union (hereinafter – the EU).
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Only taking into account the interests of as many members of the human
community as possible while adhering to clear rules and principles of
coexistence can lead to the development of a full-edged society and state
(Shyshka and Tkalych, 2020).
The conceptual foundations of the philosophy of European integration
are as follows:
1. to develop theoretical and conceptual principles of European
integration.
2. implement the legal framework, which should be pro-european.
3. public authorities must be adapted to function in terms of
membership in the European Union.
4. the method of exercising the powers of state authorities in the
process of implementing European integration policy must be
democratic, legal, and humane (Voronkova, 2006).
Currently, Ukraine is pursuing a course of European integration, which,
in turn, determines the features of state policy in all spheres of public life
and ways to implement it. This integration and the legal sphere, which is
based on the legal system of the state, have not escaped. Thus, the reform
of the legal sphere will, in the future, facilitate the process of integration of
all other vital areas, as it will serve as a kind of platform for them, the basis
for integration.
Legal consciousness, as an organic part of the spiritual reality, acquires
an independent spiritual and cultural status among the foundations of
social and legal life (Kharytonov et al., 2019). It is clear that the main task of
the moment for humanity is to survive and successfully overcome the global
crisis caused by the pandemic. However, in the ght against the virus, the
ideological and cultural achievements of Western civilization must not be
lost (Tkalych et al., 2020).
The work aims to analyze the importance of the philosophy of law in the
unication of the legal system taking into account the principles of Draft
Common Frame of Reference (hereinafter – DCFR) (2009), as well as to
establish the need to apply the philosophy of law in integration processes to
preserve the identity of the legal system and sovereignty of the state.
1. Methodology
The methodological basis of the work consisted of both general and
special methods, including, in particular, analysis and synthesis, dialectical,
systemic, and logical-legal methods. Thus, the analysis made it possible to
study the philosophy of law within the principles of DCFR and European
466
Fursa Svitlana Yaroslavivna, Kukhniuk Dmitriy Vladimirovich, Bondar Iryna Vadymivna,
Maliarchuk Liubov Sergiivna y Derii Olena Olexsandrivna
Role of the Philosophy of Law in the process of unifying the legal systems of the members of the
European Union in the context of the Common Framework of Reference Project
integration processes, which are interrelated. Synthesis served as a basis
for combining original ideas, principles, developments for the effective use
of the philosophy of law in unication processes. Moreover, the dialectical
method was used to establish the truth in modern unication processes that
take place when a country becomes a member of the European Union, by
identifying the role of the main ideas of the philosophy of law in European
integration using the principles of DCFR.
That is more, the systematic method allowed us to identify the general
properties, connections, and patterns that arise when applying the
principles of DCFR through the prism of the philosophy of law, as well as to
identify the dependence of DCFR principles on the fundamental principles
of philosophy of law within the unication of legal systems. Further, the
formal-legal method has become indispensable in interpreting the content
of basic concepts, their fundamental characteristics, as well as legal norms
relating to the concepts used. Besides, generalization, as a method, made it
possible to draw conclusions and identify the main problems and vectors of
the application of the philosophy of law in European integration processes.
Finally, the logical-legal method is reected in the formulation of proposals
for further improvement of the process of unication of the legal systems of
the Member States of the European Union.
2. Analysis of recent research and publications
A large number of works by domestic and foreign scholars, both within
the philosophy of law and comparative law, the law of the European
Union, is devoted to the study of issues related to the research topic.
Thus, Vyshnyakov (2012) studied the issues of international integration,
emphasizing the existence of integration law, within which he considered,
in particular, integration levels and methods of creating integrated norms.
Besides, Voronkova’s (2006) works outline the idea of the existence
of the philosophy of European integration, which is manifested in the
paradigm of European integration policy, as well as dene the conceptual
foundations of the philosophy of European integration, its “historiosophy”.
Kharytonov and Kharytonova (2015) co-authored a detailed analysis of
the principles of civil law enshrined in Ukrainian law and the principles of
DCFR, identied their features in the objective meaning and fundamental
content, explored the denition and essence of private law.
Thanks to Blazhivska (2015), issues related to the possible unication
of European private law and harmonization of civil law of the member
states of the European Union have reached a new level of research. Thus,
the scientist studied the purpose of the formation and implementation
of the principles of DCFR, considered the prospects for the unication of
European private law, in particular within the unication of legal systems.
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Equally important was Akimenko’s (2019) study, which examined the
principles of the DCFR through the prism of harmonizing the private law
of the European Union and the private law of the member states of the
association. In the framework of the above work, the factors of the process
of further integration of European private law were identied, and the
“Project of the Common System of Approaches (DCFR)” was analyzed.
Peculiarities of the process of unication were studied by Nevmerzhytska
(2014), who, in her work, outlined the interpretation of the concept of
unication, its goals, and the order of implementation of unication
processes in the state. In addition, the scholar also focused on the need to
improve legislation, in particular, by unifying the structural elements of its
system; the need for unication has been identied.
These scientic works were aimed at studying certain issues related
to the unication of law, taking into account the philosophical thought
and principles of DCFR, but, currently, the importance of philosophy of
law within the unication processes of legal systems through the prism of
DCFR principles is insufciently studied.
3. Results and discussion
The integration of legal systems should take place, in particular, through
their unication. Unication should be understood as the process of
approximation, the entry into each other of the legal norms of one legal
system to similar in purpose norms of another system. Thus, with the help
of unication you can achieve the following goals:
1. eliminate duplication of law;
2. to ll the existing gaps in the legislation, and;
3. to achieve certainty and prediction of results both in rule-making
and in the regulation of controversial issues (Nevmerzhytska, 2014).
The authors are also convinced that unication is, perhaps, the most
important step towards achieving ideal legal relations at the level of
international law, which will ensure unconditional observance of the
interests of each state, as well as human and civil rights and interests within
national law within states.
Unication should be considered activities related to the creation of the
same type of regulation of relevant social relations through the adoption
of similar rules of law that will legally eliminate existing gaps in legal
regulation and heterogeneity of the latter.
The unication of the legal system, rst of all, means the unication of
national legislation as its main component.
468
Fursa Svitlana Yaroslavivna, Kukhniuk Dmitriy Vladimirovich, Bondar Iryna Vadymivna,
Maliarchuk Liubov Sergiivna y Derii Olena Olexsandrivna
Role of the Philosophy of Law in the process of unifying the legal systems of the members of the
European Union in the context of the Common Framework of Reference Project
In the case of the creation of an international association, issues of
unication play an important role, because in the regulation of relations that
have a legal relationship with the legal systems of two or more countries,
there may be a conict of legal systems of states with which subjects or
objects legal relations, or legal facts that inuenced their emergence, change
or termination (Atamanchuk, 2018).
At the same time, the approximation of legal systems should not be
chaotic, ie it should meet certain standards developed and agreed by all
participants in the relevant unication. Thus, through the prism of this,
the EU can be considered a model, because facilitating the tasks of EU
member states, as well as those countries seeking to join the international
community, the EU has developed and generalized principles, concepts,
and models of private European law. A platform has been created for
member states to unify national legislation within, rst of all, private law.
These principles, concepts, and model norms are contained in the DCFR –
a project specically developed by EU working groups on legal issues.
The value of DCFR, in our opinion, is that it does not claim to create a
“single-faith” universally binding rule of law that will establish legal conduct
and the limits of its regulation. The adoption of the DCFR pushed into the
background the idea of creating a European Civil Code or other acts that
would extend to European countries. On the contrary, this project aims to
preserve the identity of national legislation, as the basis of any legal system
is legal awareness, which in turn is closely linked to the mentality, genesis,
and philosophy of law, which is inherent in each individual state.
Currently, the role of philosophy of law in unication processes,
according to the authors, is insufciently assessed and balanced, as the
philosophy of law is theoretical, but the basis for this area are both past and
present relations and those that should serve as a guide for improving the
legal system. Within the philosophy of law should be studied reality, the
current state of affairs, in terms of the interaction of everyday life with the
normative systemic world, ie norms, laws, rules, regulations, prohibitions,
etc., which should regulate its behavior and therefore to some extent form
the boundaries of its existence. It is this interaction that determines the legal
reality, which is based on the general principles of existence, understanding,
knowledge, and change of legal reality.
Thus, in the implementation of any modication of the usual reality,
including legal, it is impossible to do without the application of postulates
developed by the science of philosophy of law.
Thus, the philosophical substantiation of law aims to apply the
achievements of philosophical thought, combining the rule of law with
fundamental values that should form the foundation for the legal system of
each state, including the values of freedom, justice, equality.
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Philosophy of law expands the scope of jurisprudence by seeing the
general picture of the world, allows jurists to ask and solve a much wider
range of issues compared to traditional issues. Jurisprudence concretizes
the idea of legal philosophy about the general picture of the world, about the
legal space, about the human dimension of law (Shemshuchenko, 2003).
Given that philosophy examines the law in terms of ontological rethinking
of its place and role in the formation and development of each individual and
society as a whole, the implementation of any transformational processes
within legal systems, including their unication when entering the or other
supranational unions, without using the achievements of the philosophy of
law should be considered incorrect, because, in this case, there is a risk of
overturning the balance between the national legal system and the so-called
European law.
According to the authors, each legal system has its own idea, integrity,
and identity. The sovereignty of the state, in particular, is based on
these three aspects, as it testies to the existence of the foundation of its
internal independence and autonomy, the origins of which lead to external
independence. Thus, the unication of legal systems may result in the loss
of their individuality, which in turn will entail the possibility of dependence
on the prevailing principles and norms that became the basis for unication,
but failed to adapt to the peculiarities of public life in a particular historical
territory and its legal regulation. In the event of a delineated situation,
it is not possible to achieve a balance between unied norms of law and
generally accepted norms of morality, legal and other customs, rules of
coexistence in a particular society, and hence legal consciousness. That is
why the philosophy of law in its application in the process of unication of
legal systems is designed, in particular, to preserve the identity of each legal
system, taking into account the common heritage and fundamental values
that represent the core of the philosophy of law.
The philosophy of law allows for a deep understanding and perception
of the transformations of the legal system following the real social needs
and challenges of today. The authors believe that there must be a certain
balance between personal and public interests in the state, and the tendency
to satisfy personal interests, which implies libertarianism, will inevitably
lead to the weakening and subsequent disappearance of the state. Thus,
the EU has different countries in size, by the number of population, and
the amount of and economic resources, so they have different models of
government, but none of them has absolute libertarianism as the dominant
ideology and absolute freedom. Therefore, it is necessary to dene in the
state those limits of freedom that cannot be crossed.
A prerequisite for legal integration is a certain state of the legal system.
Thus, continental European civil law, similar systems of constitutions and
economics, allow us to come to the idea of a real possibility of unication
470
Fursa Svitlana Yaroslavivna, Kukhniuk Dmitriy Vladimirovich, Bondar Iryna Vadymivna,
Maliarchuk Liubov Sergiivna y Derii Olena Olexsandrivna
Role of the Philosophy of Law in the process of unifying the legal systems of the members of the
European Union in the context of the Common Framework of Reference Project
in the eld of contract law, property law, company law, competition law, as
these norms follow not so much from the historical and cultural features
of individual nations, but from the needs of ensuring the functioning of
the economy, consolidation of customary international law in the economic
sphere as a source of law, the formation of scientic beliefs common with
experts from other European countries (Vyshnyakov, 2012). And in this
way, a lot has been done in Ukraine, because civil law has included such a
principle as freedom of contract, included new types of contracts, including
rent, leasing, factoring, and others, which enriched the legal system of
Ukraine.
Joining the European Union is accompanied by several mandatory
changes, including within the framework of legal regulation. At the same
time, there is no need to talk about forcing member states or states aspiring
to join the union to unify legal systems, as the Copenhagen criteria,
approved by the European Council in June 1993, do not provide for a
direct commitment to unication. Along with this, the third criterion is the
ability to take on the obligations of membership, i.e. the obligations arising
from accession to the EU, including strict adherence to the objectives of
the political, economic, and monetary union (the criterion of membership)
(Falaleeva, 2017).
The analysis of the content of this criterion shows the need to adapt the
legislation of the state to the requirements of the European Union, as only
a state that has a strong legal basis for the undertaken obligations can meet
the criterion of membership. Thus, the conrmation of this is, in particular,
the focus of state policy on the approximation of national law to the rules of
so-called European law. The same policy is supported by Ukraine to bring
closer the possibility of joining the European Union, and therefore as a
result may be a step towards possible further unication of the legal system
(Law Ukraine, 2004).
As noted earlier, the European Union has proposed DCFR to facilitate
the adaptation of legislation under private law.
Private law means a set of concepts, ideas, principles, and norms that
determine based on dispositiveness, legal equality and initiative of the
parties, the grounds for acquisition, and the implementation and protection
of rights and obligations of individuals who are not in power (subordination
to each other) and freely establish their rights and responsibilities in the
relations arising from their initiative (Kharytonov and Kharytonova, 2015).
Thus, DCFR offers assistance in the adaptation processes of the area of law
that does not involve direct participation in the relationship between the
state and its public authorities and, therefore, gives the EU member state
unlimited rights to determine and establish ideas, principles, and norms of
public law.
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It should be noted that the adaptation of legislation is not aimed at full
unication of the legal system of the state, but, in essence, DCFR is a factor
of unication, as it presupposes the existence and adoption of common
origins and ideas, which in the future may lead to the creation of a common
legal system for all Member States of the European Union.
The authors are convinced that the creation of a single unied legal
system will lead to the loss of identity and sovereignty of member states and
make them too vulnerable to change within the European Union, i.e. will
not allow any manifestations of independence in matters of legal regulation
within the state and at the level of international cooperation. Besides,
the level of opposition to the European Union itself as a governing body,
which has its own shortcomings, will decrease. According to the authors,
such shortcomings include excessive interference of European ofcials in
the economy of certain countries to prevent domestic competition, etc.,
and this affects the level of the economy of certain countries, the sphere of
production, and employment.
As the practice of law enforcement shows, modern attempts to harmonize
private law have led not to the exclusion of national jurisdictions, but the
continued operation of European and national legislation. This necessitates
the need to address which of the rules are more important – enshrined at
the European or national level (Bar, 2013).
At the same time, the DCFR can be considered a starting point for the
formation of private law of the European Union, the development and
operation of which in general seems to be a rather controversial process;
perceived very ambiguously by various institutions of the European Union
and the Member States (Akimenko, 2019).
At the same time, DCFR is characterized by positive features. Thus, the
purpose of DCFR as a standard rule, based on a comparative analysis of
the laws of the European Union, is not to provide recommendations for
resolving a conict in the law, but to create the most comfortable conditions
for resolving conicts in the legal eld, which is to offer an alternative
intermediate way to reach an agreement in contentious situations. At the
same time, as practice shows, it is quite difcult to decide which rule is
better to apply in a given case. This means that law enforcers must act at
their discretion and be guided by their own interpretation of these norms
(Blazhivska, 2015).
In this context, the philosophy of law is important because it allows you
to compare approaches to the settlement of similar or related institutions
of law using a rule, to perceive the legal logic and vision of the situation
when applying the relevant comparable rules, which allows developing our
own position on perception or deviation of certain legal norms to settle a
particular dispute.
472
Fursa Svitlana Yaroslavivna, Kukhniuk Dmitriy Vladimirovich, Bondar Iryna Vadymivna,
Maliarchuk Liubov Sergiivna y Derii Olena Olexsandrivna
Role of the Philosophy of Law in the process of unifying the legal systems of the members of the
European Union in the context of the Common Framework of Reference Project
DCFR serves as an indicator of the level of similarity of national private
law systems, which can be considered as a regional manifestation of the
common European heritage, in connection with which DCFR has the
opportunity to understand and promote collective discussion of private law
in Europe (Bar, 2013).
According to the authors, the principles of DCFR are a clear example of
the application of the philosophy of law in the practical dimension, which
is manifested in the fact that the principles represent the quintessence of
philosophical developments. In particular, according to one of the authors:
The last basic principle of DCFR is the principle of efciency, which is
considered here in two areas: efciency for the parties to the legal relationship and
efciency for society. Effectiveness for the parties is ensured, in particular, by the
establishment of minimum formal and procedural restrictions (Didkovska, 2012:
26).
The norms that establish information responsibilities, regulate the
protection of consumer rights, are considered to be conducive to efciency
for broad public purposes. That is, perceiving this principle, in general, as a
positive one, each country must decide and regulate the minimum of formal
and procedural restrictions. Thus, notaries can be perceived as a formal
and procedural restriction on the effectiveness of contract law, because
without a notarization of the contract the parties could settle their rights
faster and cheaper, but not so reliably. Therefore, in many EU countries,
the notary exists and is developed, and in other countries, it performs
minimal functions. The best way to develop the legal system of the state
should be determined taking into account all the important criteria, and
this can be done only from an objective standpoint, which should ensure
the philosophy of law.
The differentiation of DCFR princes into basic and priority ones speaks
of focusing on the main goals set by the developers of these principles. This
means that for the implementation of such a division, a lot of work has been
done to study the content of the principles of DCFR, which is impossible to
imagine without the use of techniques and ideas of the philosophy of law.
Thus, the basic principles are the principle of freedom, security, justice,
and efciency. The priority principles of the DCFR include, in particular, the
principle of protection of human rights, promotion of solidarity and social
responsibility, preservation of cultural and linguistic diversity, protection
and improvement of the welfare of citizens and entrepreneurs (Kharytonov
and Nekit, 2017).
The development of these principles, in turn, indicates a high level of
application of the philosophy of law for their separation and consolidation,
as they are the result of the study of the mutual impact of the law on
individual.
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Conclusions
To summarize the above, it is worth emphasizing that due to the
philosophy of law it is possible to understand the value of law, which is
manifested, in particular, in the transformation processes that take place
at the request of relevant subjects of supranational law, including the
European Union. Thus, by signing an association agreement, the state
recognizes the operation of the “legal system of the European Union” on its
territory, which to some extent risks the sovereignty and independence of
its own legal system. Therefore, each country must determine the extent to
which it will apply these principles, anticipate the risks it will have in their
implementation in the legal system, but taking into account the mentality
of the people, etc., and this is a task for the philosophy of law.
Thus, only with the use of the philosophy of law of modication of rights,
its unication with the legal system of the European Union is possible with
minimal loss of identity and uniqueness of the legal system of a particular
state. Philosophical substantiation of law allows us to analyze the content
of paradigms, principles, models of law in general, and each individual
legal norm, in particular, within the framework of its implementation in
the national legal system. With the philosophy of law comprehension and
awareness of the meaning of law in its integrity and at the same time the
effectiveness of the impact of the law on man and his development reaches
a new level and therefore is an indispensable factor in decision-making to
unify the legal system of the European Union.
The importance of the philosophy of law for the unication of legal
systems is also manifested in the ideas underlying the principles of DCFR.
Thus, the consolidation into a single universally binding act of a norm that
would be accepted by all member states of an international organization,
without the application of philosophical ideas aimed at mitigating the
convergence of different national legal systems, is difcult to imagine in
practice.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 68
