Author Description
The Union's Values - Enshrined In Article 2 Teu - Are Under Pressure In Several Member States. Against This Backdrop, The Court Of Justice Has Set A Spectacular Development In Motion. With Its Ruling In Associação Sindical Dos Juízes Portugueses It Started To Mobilise These Values. Since Then, The Jurisprudence Has Evolved At Breakneck Speed. This Book Provides A First Comprehensive Study Of The Judicial Activation Of Article 2 Teu. It Starts By Developing The Foundations Of This Emerging Jurisprudence In Empirical, Doctrinal, And Theoretical Terms. At Its Heart It Seeks To Advance A New Understanding Of Article 2 Teu. The Provision Should Be Understood As Featuring A Dual Character That Resonates Between Two Dimensions: An Eu Dimension Limited To The Eu Legal Order And A 'verbund' Dimension That Extends To The Common Whole Of The Union And Its Member States. The Second And Third Parts Set Out To Explore The Multifaceted Potential Of Article 2 Teu In Each Of These Two Dimensions. Finally, The Book Assesses The Risks Of Placing An Activated Article 2 Teu Into The Hands Of The Luxembourg Judges And Proposes Ways To Recalibrate The Jurisprudence
Menrva's Summary
THE THESIS
This book investigates the judicial activation of Article 2 TEU by the Court of Justice of the European Union and its implications for the legal order of the Union and its member states. Luke Dimitrios Spieker, a legal scholar, provides a comprehensive analysis of how the Court has mobilized the Union's foundational values in response to democratic pressures. The author proposes a dual-character framework for Article 2 TEU, arguing that it functions simultaneously within the internal EU legal order and a broader 'Verbund' dimension that encompasses the collective whole of the Union and its member states.
THE SCOPE MAP
What You Will Find
- Empirical, doctrinal, and theoretical foundations of Article 2 TEU jurisprudence
- A dual-character framework for interpreting Union values
- Analysis of the judicial mobilization of Article 2 TEU following the Associação Sindical dos Juízes Portugueses ruling
Scope Limits
- The analysis is focused specifically on the judicial interpretation of Article 2 TEU rather than broader political or legislative mechanisms of enforcement.
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners view this work as a significant contribution to the study of EU constitutional law and the evolving role of the Luxembourg court. Readers frequently note the academic density of the prose and the rigor with which the author addresses the risks associated with judicial activism in the context of Union values.
Page Count:
0
Publication Date:
2023-01-01
Publisher:
New York : Oxford University Press,
ISBN-10:
0191987972
ISBN-13:
9780191987977
European Union
Constitutional Law
Jurisprudence
Law
Rule Of Law