The European Renaissance of Republicanism: On the Future of EU Law in Light of Article 2 TEU

40 Pages Posted: 16 Jan 2024 Last revised: 3 Apr 2024

See all articles by Armin von Bogdandy

Armin von Bogdandy

Max Planck Institute for Comparative Public Law and International Law

Date Written: January 15, 2024

Abstract

On the fourteenth and fifteenth of December 2023, the European Council decided to reform the Union. What can guide that reform? This article advocates for republicanism, building upon the principles laid out in Article 2 of the Treaty on European Union (TEU). Republicanism, already deeply embedded within Union law, offers a coherent and principled approach. The Commission's 2017 White Paper on the Future of Europe underscores it, positing the republican Ventotene Manifesto as the pivotal source for the EU’s path and future, and its Legal Service’s 2022 publication ‘70 Years of EU Law’ reaches its zenith by delineating avenues for advancing the Union's civic transformation. This article explores this European renaissance of republicanism, while critiquing certain aspects of the Commission’s understanding.

The article develops this thesis through four distinct steps: theory, evidence, defense, and practice. The first step involves developing a topical concept of republicanism. Building on this theoretical foundation, the second step presents and organizes evidence to support the thesis, drawing from a range of proposals, debates, legal acts, and judgments. The third step deepens the argument by demonstrating its compatibility with core republican topics, namely self-determination, virtue, and a public forum. The final step outlines the implications of this renaissance for future scholarly work and legal interpretation, taking into account competing approaches.

Keywords: Republicanism, European Union, Reform, European Commission, Article 2 TEU

Suggested Citation

von Bogdandy, Armin, The European Renaissance of Republicanism: On the Future of EU Law in Light of Article 2 TEU (January 15, 2024). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2024-02, Available at SSRN: https://ssrn.com/abstract=4695467

Armin Von Bogdandy (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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