European governance as an institute of constitutional law of the European Union

Abstract

Introduction. The article considers one of the most important issues of constitutionalization of EU law, namely the processes of internal structuring of the constitutional law of this supranational entity. The author substantiates the opinion that together with the expansion of the EU's competence and the strengthening of the processes of interstate integration within the framework of the EU constitutional law, the institution of European governance is gradually crystallizing. In the system of constitutional law of the EU, this institution occupies a place similar to that in national legal systems occupies the institution of the form of government. The Institute of European Governance reflects the modus operandi (from the Latin "method of action") of the EU as a supranational entity, which has significant specifics in terms of institutional and functional organization and mechanism for developing and implementing government decisions. The process of forming European governance and filling it with specific content takes place within the general process of "setting political and legal standards", based on the latest advances in political and legal theory and practice and reflecting the highest requirements for quality governance and EU rights and freedoms. Summary of the main research results. Today the European Union has accumulated significant experience in reforming and improving public administration and public service, although these areas are not directly regulated by the acquis communautaire. Therefore, today the acquisition in the field of public administration and public service organization mainly takes the form of "soft law" and "soft standards" - White Papers and communications of the European Commission, recommendations of conferences of ministers responsible for public administration and / or heads of departments of public services etc. A systematic analysis of EU legislation suggests that the most significant distinguishing features of European governance are that it is based on the principles of good governance, multi-level (including network) governance, the rule of law and respect for human rights. Initially, European governance had the character of an intersectoral principle that determined the order of organization and activities of public authorities within the EU in all areas of the functioning of public administration, but after the adoption of the Charter of Fundamental Rights of the EU and giving it the force of the founding treaties of the EU (i.e., giving it essentially the status an integral part of the unwritten constitution of the EU), where one of the fundamental human rights is the right to proper governance, this principle is actually brought to the level of the foundations of the constitutional law of the EU. Conclusions. The conclusion is substantiated that European governance from the point of view of the constitutional law of the EU means good, multi-level, subordinate to the law and “respectful of human rights” governance. The transformation of the concept of European governance into the EU legal system is a vivid example of the constitutionalization of this supranational entity. In the system of constitutional law of the EU, European governance as a political and legal concept has become a fundamental constitutional principle, one of the foundations of the constitutional order of the EU. Ukraine's course towards European integration leads to the need for full implementation of the requirements of European governance in political and legal practice and national legislation.