Articles for tag: Article 2 TEU, EU-Werte, European Constitutionalism

The European Union’s Fantastical Constitution

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Recently, von Bogdandy and Spieker decided to boldly go where not even they had dared to go before. To overcome the possible Hungarian veto on prolonging EU sanctions against Russia, they propose that the explicit requirement in Article 31(1) TEU for such decisions to be taken by the Council acting unanimously should be overcome on the basis of Article 2 TEU. In their view, a Hungarian veto against further sanctions would violate the value of solidarity and the Hungarian vote should therefore not count. We argue that this would launch us into a whole new, and in our view, dangerous galaxy.

27. Juni 2025

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All This for «Primacy»?

There is hardly any clearer picture of the “tragic” pitfall in which the EU languishes than the last evolutions of the rule of law’s saga, the most recent of which is the C-448/23 case pending before the ECJ. The AG’s Opinion delivered on March 11th shows signs of the decline the EU suffers for the multiple crises occurred and for its reluctance to tackle politically, and open-mindedly, the manifold interrogatives that follow.

1. Mai 2025

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Added value(s)?

During the hearing in the infringement proceedings against Hungary’s ‘anti- LGBTIQ+ Law’, the Commission placed the values of the EU at the heart of its pleas. Following its publication in the Official Journal, some expected (while others feared) that the Commission’s infringement action would rely on Article 2 TEU (which set out the values of the EU) as a self-standing ground. Instead, during the hearing, the Commission’s representatives were adamant that Article 2 may only be invoked in connection with other EU law provisions. That is a welcome clarification. Grounding an infringement action solely on Article 2 would be unwise. Yet, the inclusion of these values among the pleas is legally, politically, and morally significant.

5. Dezember 2024

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Defusing an Atomic Bomb

The sigh of relief was audible throughout Europe. In Brussels and other European capitals, the victory of the opposition bloc in the Polish elections sparked hope that the imminent change in government would end the illiberal course of the past. While years of democratic backsliding have left lasting marks on Poland’s political and legal landscape, the newly elected government is clearly committed to leading Poland back onto the path of democracy and the rule of law. However, one pertinent institutional issue remains to be resolved: the still pending procedure against Poland under Art 7 TEU.

3. November 2023

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The Great Yes or the Great No

As we gear up for the most consequential elections in Poland since 1989, the situation on the ground after 8 years of the paranoid polarizing and no-holds-barred politics, forces all those concerned about the future, to ask where Poland is heading. On 14 October 2023, we must understand that POLEXIT is much more than a mere dispute over institutions, rule of law, judicial independence, etc. What is at stake now is incomparably greater. It is the defense of a certain way of life, values and belonging to a community of law and values, a civic Poland in Europe and Europe in civic Poland and finally of “Me and You” as part of Europe.

13. Oktober 2023

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Of Asymmetries, Aspirations and…Values, too

How are the transnational legal order (“TLO”) and transnational governance affected by the democratic backsliding, authoritarianism and populism? As painfully evidenced by the Polish and Hungarian cases, the system of governance and constitutional design of the European TLO have been in error of “normative asymmetry”: transnational authority to ensure that the states remain liberal democracies has not been effectively translated into the transnational law and remedies. In order to make the TLO more responsive to the democratic threats, however, it is crucial to take on the challenges that go beyond institutional and procedural tinkering.

8. November 2020

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From “Nuclear Option” to Damp Squib?

To date, three Article 7(1) TEU hearings have been held in respect of Poland (26 June, 18 September and 11 December 2018) and one in respect of Hungary (16 September 2019). The trouble starts with having to obtain the related documents via repeated freedom of information requests. Analysing those documents, however, reveals further significant shortcomings of the procedure.

13. November 2019

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The Democratic Backsliding and the European constitutional design in error. When will HOW meet WHY?

When is the constitutional design of any (domestic, international, supranational) polity in error? On the most general level such critical juncture obtains when polity’s founding document (treaty, convention, constitution) protects against the dangers that no longer exist or does not protect against the dangers that were not contemplated by the Founders. While discussion of the evolution of human rights and international actors in response to social change (LGBT, euthanasia, abortion) is well documented, such evolution with regard to political change (transition from one sort of government to another) is less well documented. Constitutions not only constitute but should also protect against de-constitution. For supranational legal order to avoid a deadlock of „being in error” in the above sense, the systemic threats coming from within the polity’s component parts must be recognised and constitutional design be changed accordingly.

18. Dezember 2018

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