The article proposes a reflection on the legal nature of Art. 2 TEU, with particular reference to its judicial application, intended as the possibility of its direct application by the Court of Justice to monitor Member States’ compliance with the values contained in the Treaty. While the doctrine remains divided on this issue, the Court of Justice started moving in this direction, although not yet reaching a conclusion. The absence of advancement in this regard could generate disparities between different values, with certain values becoming subject to particularly rigorous scrutiny, while others remain in a sort of limbo, from which it may be challenging to extract them. This could undermine the effectiveness of Article 2 TEU as a means of safeguarding the constitutional identity of the Union.
I VALORI DELL’UNIONE EUROPEA E LA LORO TUTELA GIURISDIZIONALE
Criseide Novi
2025-01-01
Abstract
The article proposes a reflection on the legal nature of Art. 2 TEU, with particular reference to its judicial application, intended as the possibility of its direct application by the Court of Justice to monitor Member States’ compliance with the values contained in the Treaty. While the doctrine remains divided on this issue, the Court of Justice started moving in this direction, although not yet reaching a conclusion. The absence of advancement in this regard could generate disparities between different values, with certain values becoming subject to particularly rigorous scrutiny, while others remain in a sort of limbo, from which it may be challenging to extract them. This could undermine the effectiveness of Article 2 TEU as a means of safeguarding the constitutional identity of the Union.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
