Rule of Law as a Tool to Claim Supremacy

In this contribution, which embraces a dialogical understanding of the Rule of Law, I focus on the ‘other’ side
of the Rule of Law coin in Europe, as opposed to the story of the fight for the values of Article 2 TEU: the
deployment of the principle of the Rule of Law by the Court of Justice to pre-empt the necessary dialogue
and to disqualify substantive arguments of principle originating in other legal orders. The Rule of Law, on this
count and as used by the Court, emerges as a dangerous trump card making impossible the dialogue on
which the Rule of Law directly depends. Such use of the principle is both dangerous and directly opposed to
the very essence of European constitutionalism, I argue.