Testing the limits of unity of the EU legal order? Reflections on the rise of inter-state litigation and non-compliance
Year: 2026
Type: book-chapter
Abstract: This exploratory chapter is inspired by the rise of litigation between the EU Member States before the EU Court of Justice (CJEU), as well as the intensification of resistance of the Member States to comply with EU law, both issues coupled with a delicate question of the limits of the Union's competences. In this context, unity is viewed as a systemic feature of the EU's legal order, a feature potentially under stress owing to the wider issue of non-compliance with the established rules and agreed policies in the Union, including undermining the authority of the judgments of the CJEU. The following analysis discusses the systemic resilience of EU law, anchored in the unity of this legal order and encapsulated by the system of treaty-based remedies before the CJEU. It boils down to the question of whether and how the growing dissonances between the EU Member States, which are brought before the CJEU in the form of inter-state litigation, are liable to affect the role of the court as well as the dynamics of the existing remedies meant to ensure compliance with the EU law.
Source: Routledge eBooks
Author: Alicja Sikora-Kalėda
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7155190532