"concretised", "flanked", or "standalone"? Some Reflections on the Application of Article 2 Teu
Year: 2025
Type: preprint
Abstract: The present Article aims to assess some delicate constitutional issues raised by the pending case Commission v Hungary (C-79/22). It first explains the general duty for Member States to respect the values of art. 2 TEU as an essential requirement of their EU Membership, within the meaning of the judgment Repubblika. Then, it dwells upon the model provided by art. 2 TEU, the interconnection among its values and principles, and the connections of those values with other principles affirmed by the Treaties and analyses the extraordinarily comprehensive violation of that model by the Hungarian legislation. Finally, it argues that there are three different potential dimensions for applying art. 2 TEU.
Source: SSRN Electronic Journal
DOI: 10.2139/ssrn.5151277
Author: Lucia Serena Rossi
Institutions: Court of Justice of the European Union, University of Bologna
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6886869804