Un costituzionale» di invalicabili diritto possibile europeo: «momento per iloconfini Stato

Armin von Bogdandy, Piotr Bogdanowicz, Iris Canor, Giacomo Rugge, Matthias Schmidt, Maciej Taborowski

Research output: Contribution to journalReview articlepeer-review

1 Scopus citations


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.

Original languageItalian
Pages (from-to)855-875
Number of pages21
JournalQuaderni Costituzionali
Issue number4
StatePublished - 2018
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2018 Societa Editrice il Mulino. All rights reserved.


  • European public law
  • European rule of law
  • Gerichtsverbund
  • Preliminary reference procedure

Cite this