From Moral Values to Legal Obligations – On How to Activate the Union’s Common Values in the EU Rule of Law Crisis

30 Pages Posted: 14 Sep 2018

See all articles by Luke Dimitrios Spieker

Luke Dimitrios Spieker

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law

Date Written: September 13, 2018

Abstract

The EU faces one of the deepest crises since its formation. A dangerous rule of law “backsliding” in several Member States undermines the Union’s common values and puts Europe to the test. This raises the question of how to substantially address violations of EU values in order to call the respective Member States to order. Unfortunately, the traditional EU acquis turned out to be a blunt sword and made one thing clear: relying on EU law as it stands will not solve this “values-crisis”. Thus, the present paper tries to remove the blinkers and think out of the “acquis box”. It explores recent jurisprudential developments and academic proposals and integrates them into one common framework. The proposed solution will lead to an operationalization of the values enshrined in Article 2 TEU by entangling them with other specific obligations of EU law.

Keywords: European Union, EU Rule of Law, Fundamental Rights, Art. 2 TEU, European values, Reverse Solange

Suggested Citation

Spieker, Luke Dimitrios, From Moral Values to Legal Obligations – On How to Activate the Union’s Common Values in the EU Rule of Law Crisis (September 13, 2018). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-24. Available at SSRN: https://ssrn.com/abstract=3249021 or http://dx.doi.org/10.2139/ssrn.3249021

Luke Dimitrios Spieker (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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