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‘Concretised’, ‘Flanked’, or ‘Standalone’? Some Reflections on the Application of Article 2 TEU

European Papers
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 1-24 | Article | (Table of Contents) 1. The pending case Commission v Hungary (C-769/22) – 2. Respect for Article 2 TEU as a du-ty inherent to the EU membership – 3.
Lucia Serena Rossi
doaj   +3 more sources

Breathing Life into the Union’s Common Values: On the Judicial Application of Article 2 TEU in the EU Value Crisis [PDF]

German Law Journal, 2019
The EU faces one of the deepest crises since its formation. A dangerous rule of law backsliding in several Member States undermines the Union’s common values and puts Europe to the test. This raises the question of how to substantially address violations
Luke Dimitrios Spieker
doaj   +4 more sources

European “Frankenstein Constitutionalism”: TEU Article 2 as a Federal Homogeneity Clause

AJIL Unbound
This essay argues that the Court of Justice of the European Union's (CJEU) insertion of a federal homogeneity clause into the EU's primary law is an (ahistorical) and dysfunctional “legal transplant” that does not correspond to the state of European ...
Martin Nettesheim
doaj   +2 more sources

A New Approach to Constitutional Crisis Prevention?: Article 2 TEU as an Obligation to Take Preventive Action

European Journal of Risk Regulation
To date, Article 2 TEU has mainly been construed as a negative obligation to refrain from violating the values enshrined therein. In light of the Repubblika case law, which established a duty to prevent any regression in the protection of Article 2 TEU ...
Miriam Schuler, Darren Harvey
doaj   +3 more sources

Respect for the rule of law as embedded in Article 2 TEU and protection of the Union’s financial interests

Nuovi autoritarismi e democrazie: diritto, istituzioni, società, 2021
The defence of common values, and of the rule of law in particular, has become an issue of major concern for EU institutions. The emergency caused by the COVID-19 pandemic brought the EU to adopt a wide-ranging package of financial aids.
Cesare Pinelli
doaj   +2 more sources

Constitutionalism without principle: Article 2 TEU and the doctrinal construction of EU values

European Law Open
Half a century ago, Martin Shapiro discovered that European constitutional scholarship was stuck at a stage of ‘constitutional law without politics’, presenting the EU ‘as a juristic idea; the written constitution as a sacred text; the professional ...
Martijn van den Brink
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The resilience of the European Union's values: article 2 TEU and subnational gender dissidence in Poland [PDF]

EURINT
The values of the European Union (Art. 2, TEU) protect Member States against democratic backsliding with a strong focus on the rule of law. In Poland, the Law and Justice (PiS) party, in power from 2015-2023, threatened the rule of law and gender ...
Berit Ebert
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Distinctive Identity Claims, Article 4(2) TEU (and a Fleetingly Sad Nod to Brexit)

Croatian Yearbook of European Law and Policy, 2016
Editorial ...
Stephen Weatherill
doaj   +3 more sources

Broad Scope, Restrained Scrutiny: Interpreting Article 19(2) TEU

European Constitutional Law Review
Luigi Lonardo
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The Value of Democracy in EU Law and Its Enforcement: A Legal Analysis

European Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 809-851 | Article | (Table of Contents) I. Introduction. – II. Democracy as a value of EU Law. – II.1.
Yasmine Bouzoraa
doaj   +1 more source