Results 61 to 70 of about 1,297 (171)

Supremacy Rule of Law in the Service of a Depoliticised Democracy—Pondering the Nature of the EU's ‘Social Contract’

open access: yesEuropean Law Journal, Volume 32, Issue 1, Page 144-161, April 2026.
ABSTRACT Seeing the EU roughly as a political system designed to remove the most essential political decisions from democratic control, while in a large part abiding by legal frameworks, we could speak about an opposition between technocratic legalism and democracy.
Dimitry V. Kochenov   +1 more
wiley   +1 more source

The Social Contract in the European Union's Context

open access: yesEuropean Law Journal, Volume 32, Issue 1, Page 106-121, April 2026.
ABSTRACT This article revisits social contract theory through a dialogue between Jule Goikoetxea Mentxaka and Antoni Abat i Ninet, questioning whether classical and contemporary contractarianism can account for structural forms of domination that precede and shape consent.
Antoni Abat i Ninet   +1 more
wiley   +1 more source

The concept of European society in a historical perspective: a legacy from the 20th Century

open access: yesEuropean Law Open
This article examines the constitutional imagination of European policymakers and legal scholars in the 20th and 21st centuries who participated in key treaty drafting processes that led to the listing of a series of values central to Europe’s identity ...
Grégoire Mallard
doaj   +1 more source

National Identity and Market Freedoms after the Treaty of Lisbon

open access: yesCroatian Yearbook of European Law and Policy, 2011
The aim of this paper is to explore the balance between market freedoms and national regulatory autonomy following the entry into force of the Treaty of Lisbon, particularly in the light of the rephrased national identity guarantee under Article 4(2) TEU.
Siniša Rodin
doaj   +1 more source

Rule of Law and National Autonomy in the European Union: Who Defines the Boundaries?

open access: yesPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
This article examines the evolving tension between national autonomy and the European Union’s common concept of the rule of law, with a particular focus on judicial independence. While Article 2 TEU frames the rule of law as a value common to all Member
Karolína Godál
doaj   +1 more source

PROTECTING EU VALUES. A JURIDICAL LOOK AT ARTICLE 7 TEU [PDF]

open access: yesChallenges of the Knowledge Society, 2018
Every European state that wishes to become a member of the European Union (EU) must adhere to the values enshrined in Article 2 of the Treaty on European Union (TEU). After accession, it is assumed that all Member States are further bound by these same
Iuliana-Mădălina LARION
doaj  

Rethinking Article 2 TEU

open access: yes
The recent Opinion of Advocate General (AG) Ćapeta in Case C 769/22 European Commission v Hungary marks a key moment in the evolving case law on Article 2 TEU. The case concerns Hungary’s controversial 2021 legislation restricting access to content portraying or promoting LGBTI identities.
openaire   +2 more sources

A Stitch in Time? Mutual Trust as the EU’s Fix-All in Case C-183/23 Commission v Malta

open access: yesEuropean Papers
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(2), 463-487 | Article | (Table of Contents) 1. Introduction. – 2. The (limited) substance of the judgment in Commission v Malta: what it says about citizenship per se.
Ruairi O'Neill
doaj   +1 more source

Keep on Talking! The Resilience of Multilateral Communications in EU Foreign Policy

open access: yes
JCMS: Journal of Common Market Studies, Volume 64, Issue 3, Page 1175-1189, May 2026.
Helene Sjursen   +2 more
wiley   +1 more source

Battleground or Meeting Point? The Respect for National Identities in the European Union – Article 4(2) The Treaty on European Union

open access: yesCroatian Yearbook of European Law and Policy, 2012
The national identity clause is drawing significant attention lately and it is not without a reason. The developments over this provision have opened dilemmas whether Article 4(2) CTEU will have implications for the absolute primacy of EU law and thus ...
Denis Preshova
doaj   +1 more source

Home - About - Disclaimer - Privacy