TY - JOUR
T1 - Un costituzionale» di invalicabili diritto possibile europeo
T2 - «momento per iloconfini Stato
AU - Bogdandy, Armin von
AU - Bogdanowicz, Piotr
AU - Canor, Iris
AU - Rugge, Giacomo
AU - Schmidt, Matthias
AU - Taborowski, Maciej
N1 - Publisher Copyright:
© 2018 Societa Editrice il Mulino. All rights reserved.
PY - 2018
Y1 - 2018
N2 - A Potential «Constitutional Moment» for the European Rule of Law: The Boundaries Not to Be Crossed. This article deals with the current European rule of law crisis. It does so by analyzing the recent ECJ's judgment in re LM and by considering its possible ramifications for the future of the rule of law in the EU. In particular, it is argued that, as a result of this judgment, the European rule of law as provided for by Art. 2 TEU has become a legally enforceable value. The ECJ has indeed made clear that this value features a set of minimum standards that the Member States cannot bluntly disregard. In the present context, which is characterized by the inaction of the supranational and national political institutions, a prominent role in safeguarding a liberal understanding of the European rule of law is played by the entire European judiciary (the so-called Gerichtsverbund), including national courts and tribunals.
AB - A Potential «Constitutional Moment» for the European Rule of Law: The Boundaries Not to Be Crossed. This article deals with the current European rule of law crisis. It does so by analyzing the recent ECJ's judgment in re LM and by considering its possible ramifications for the future of the rule of law in the EU. In particular, it is argued that, as a result of this judgment, the European rule of law as provided for by Art. 2 TEU has become a legally enforceable value. The ECJ has indeed made clear that this value features a set of minimum standards that the Member States cannot bluntly disregard. In the present context, which is characterized by the inaction of the supranational and national political institutions, a prominent role in safeguarding a liberal understanding of the European rule of law is played by the entire European judiciary (the so-called Gerichtsverbund), including national courts and tribunals.
KW - European public law
KW - European rule of law
KW - Gerichtsverbund
KW - Preliminary reference procedure
UR - http://www.scopus.com/inward/record.url?scp=85070794399&partnerID=8YFLogxK
U2 - 10.1439/91778
DO - 10.1439/91778
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AN - SCOPUS:85070794399
SN - 0392-6664
VL - 38
SP - 855
EP - 875
JO - Quaderni Costituzionali
JF - Quaderni Costituzionali
IS - 4
ER -