Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Countering the Judicial Silencing of Critics – Article 2 TEU Values, Criminal Liability and Reverse Solange

Authors: Armin von Bogdandy; Luke Dimitrios Spieker;

Countering the Judicial Silencing of Critics – Article 2 TEU Values, Criminal Liability and Reverse Solange

Abstract

When a government instrumentalises subdued judges to silence critics, fundamental rights in the EU face a truly deep-seated problem. Yet, the Union has ways to confront such abuses. First, this contribution shows novel ways of how to respond under Union law and even beyond the scope of the EU Charter: a duty of value-oriented interpretation of national law, a duty of referral and – as a last resort – the criminal liability of disobeying judges. Second, it justifies these ways via the Reverse Solange doctrine which protects essentials of fundamental rights against authoritarian tendencies while maintaining the federal balance between the EU and its Member States. At its heart, it consists of implementing the framers’ decision of Article 2 TEU via a systematic, value-oriented interpretation of all primary law.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    2
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!