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The importance of local and regional self-governance to protect national identity Article 4(2) TEU

E. BERGAMINI, M. FERRARI
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Article 2 TEU

2019
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women ...
Kochenov, Dimitry, Klamert, Marcus
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Article 2 TEU as Constitutional Frame of the Verbund

2023
Abstract This chapter zooms out to the level of the Verbund. In this dimension, Article 2 TEU should be reduced to a thin constitutional frame that secures a minimum of homogeneity between the EU and the Member States’ constitutional structures. Drawing on insights from federal theory, a certain degree of constitutional homogeneity is an
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Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU

European Constitutional Law Review, 2023
Enforcement and conceptualisation of Article 2 TEU values – Rule of law – A non-regression principle for EU values faces significant pitfalls – Limits of the ‘backsliding’ paradigm informing doctrinal developments under Article 2 TEU – Inadequacy of a progress/regression trajectory as a lens for constitutional developments – Complexity of Article 2 ...
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Article 2 TEU as Constitutional Core of the EU Legal Order

2023
Abstract This chapter zooms into the EU dimension of Article 2 TEU. Even without a formal constitution, the Court has started to distinguish a ‘constitutional framework’ from the plethora of Treaty provisions. This chapter pleads for deriving this ‘constitutional framework’ from the Union’s constitutional core enshrined in Article 2 TEU.
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Article 4(2) TEU as a Protection of the Institutional Diversity of the Member States

European Public Law, 2021
The main argument of this article is that the meaning of the national identity clause of Article 4 (2) TEU should be limited to what its text actually states, namely to a guarantee for the constitutional structures of the European Union (EU) Member States.
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Countering the Judicial Silencing of Critics – Article 2 TEU Values, Criminal Liability and Reverse Solange

SSRN Electronic Journal, 2019
When a government instrumentalises subdued judges to silence critics, fundamental rights in the EU face a truly deep-seated problem. Yet, the Union has ways to confront such abuses. First, this contribution shows novel ways of how to respond under Union law and even beyond the scope of the EU Charter: a duty of value-oriented interpretation of national
von Bogdandy, A., Spieker, L. ; https://orcid.org/0009-0007-6242-8642   +1 more
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What Is the European Union required to Respect under Article 4(2) TEU?: The Uniqueness Approach

European Public Law, 2019
The meaning of the ‘national identity’ clause set out in Article 4(2) TEU has been subject to various interpretations. This article proposes that a new approach, ‘the uniqueness approach’, be used to determine what exactly the EU is required to respect under Article 4(2) TEU.
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ARTICLE 2 TEU Lines that Bind and Blur

Article 2 TEU is often described as encapsulating the EU' s constitutional identity, yet beneath the reverence lies a striking paradox: the meaning and enforceability of these foundational values remain deeply unsettled. The Union proudly proclaims democracy, the rule of law, and human rights as its existential 'red lines' , 4 but these lines are ...
Renoud Delarque, Emmanuel, Tla Da Silva, Erriketi, POCAS LOURENCO, Maria Ana   +2 more
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Respect for the rule of law as embedded in Article 2 TEU and protection of the Union’s financial interest

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. Within this package, the hypothesis of linking the disbursement of EU funds to the respect for the rule of law in ...
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