The EU Founding Values – Constitutional Character and Legal Implications
The EU Founding Values – Constitutional Character and Legal Implications
Author(s): Werner SchroederSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: constitutional order; European Union; Article 2 TEU; values; rule of law; democracy; human rights; constitutional principles; legal principles; homogeneity; judicial review;
Summary/Abstract: Recent developments in certain Member States of the European Union have revealed that the values of the Union mentioned in Article 2 TEU are jeopardized. This holds true with regard to the respect for rule of law, the principle of democracy and human rights in particular. These tendencies have triggered a discussion as to the meaning and the implications of the values enshrined in Article 2 TEU. The author pursues the thesis that these values can be described as constitutional principles underscoring that the Union is a public authority which relies on a constitution with substantive foundations. Moreover, these values are not of a purely meta-legal character but also permeate the whole legal order of the Union. As binding legal norms they inform the institutional system of the Union and shape the legal relationship between the Union and the Member States on the one hand and between the Member States on the other hand. The values may also serve as a yardstick for judicial review by the ECJ.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 3/2016
- Issue No: 1
- Page Range: 50-64
- Page Count: 15
- Language: English