TY - JOUR
T1 - Treaty changes for the better protection of EU values in the Member States
AU - Bard, Petra
AU - Kochenov, Dimitry V.
AU - Pech, Laurent
AU - Wouters, Jan
PY - 2025/1/23
Y1 - 2025/1/23
N2 - Safeguarding the rule of law, human rights and democratic legitimacy should indeed be non-negotiable. This being said, the entire discussion over the core Europe and a wider circle of Member States would be redundant if there existed a shared respect for the rule of law and other values delineated in Article 2 TEU. Consequently, we place an emphasis on the need to prioritise rule of law enforcement over a multi-speed Europe. We view the proposals we present from the EU's standpoint as instruments of robust rule of law enforcement and entrenchment, or tools of militant rule of law designed to safeguard the current functioning and long-term existence of the European project – notwithstanding the fact that the procedures and legal principles we advocate for can also function as an external check on national governments, thus contributing to the reinforcement of values at both levels of governance.
AB - Safeguarding the rule of law, human rights and democratic legitimacy should indeed be non-negotiable. This being said, the entire discussion over the core Europe and a wider circle of Member States would be redundant if there existed a shared respect for the rule of law and other values delineated in Article 2 TEU. Consequently, we place an emphasis on the need to prioritise rule of law enforcement over a multi-speed Europe. We view the proposals we present from the EU's standpoint as instruments of robust rule of law enforcement and entrenchment, or tools of militant rule of law designed to safeguard the current functioning and long-term existence of the European project – notwithstanding the fact that the procedures and legal principles we advocate for can also function as an external check on national governments, thus contributing to the reinforcement of values at both levels of governance.
UR - https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=ceuapplication2024&SrcAuth=WosAPI&KeyUT=WOS:001402134600001&DestLinkType=FullRecord&DestApp=WOS_CPL
U2 - 10.1111/eulj.12534
DO - 10.1111/eulj.12534
M3 - Article
SN - 1351-5993
JO - European Law Journal
JF - European Law Journal
ER -