Addressing Member State Deviations from EU Foundational Values and the Rule of Law

GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE (Oxford University Press, Forthcoming)

U. of Pittsburgh Legal Studies Research Paper No. 2021-32

45 Pages Posted: 28 Sep 2021

Date Written: September 24, 2021

Abstract

This article examines the EU’s challenge in addressing Member States which reject foundational EU values of the Lisbon Treaty. It examines the pasts of Hungary and Poland and issues of competing narratives of victimhood between East and West European Member States, as well as the exploitation of genuine issues by regimes to their political advantage at the cost of their own populations’ constitutional democracy. It explores various approaches for the EU and reviews recent decisions by the European Court of Justice and Court of Human Rights (ECtHR). Finally, it suggests the ECtHR’s adoption of Article 17 as a mechanism to address Member State systemic human rights violations, along the lines of Scheppele’s proposed systemic infringement actions.

Keywords: Judicial independence in the EU, national historical narratives, EU law and values, Art. 2 TEU, Art. 17 ECHR, Hungary, Poland, systemic violations, Portuguese Judges, Reppublika, Xero Flor, Reczkowicz

Suggested Citation

Curran, Vivian Grosswald, Addressing Member State Deviations from EU Foundational Values and the Rule of Law (September 24, 2021). GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE (Oxford University Press, Forthcoming), U. of Pittsburgh Legal Studies Research Paper No. 2021-32, Available at SSRN: https://ssrn.com/abstract=3930323

Vivian Grosswald Curran (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2649 (Phone)
412-648-2648 (Fax)

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