"CONCRETISED", "FLANKED", OR "STANDALONE"? SOME REFLECTIONS ON THE APPLICATION OF ARTICLE 2 TEU
"CONCRETISED", "FLANKED", OR "STANDALONE"? SOME REFLECTIONS ON THE APPLICATION OF ARTICLE 2 TEU
The present article aims to assess some delicate constitutional issues raised by the pending case Commission v Hungary (C-769/22). It first explains the general duty for Member States to re-spect the values of Article 2 TEU as an essential requirement of their EU Membership, within the meaning of the judgment Repubblika. Then, it dwells upon the model provided by Article 2 TEU, the interconnection among its values and principles, and the connections of those values with other principles affirmed by the Treaties and analyses the extraordinarily comprehensive violation of that model by the Hungarian legislation. Finally, it argues that there are three dif-ferent potential dimensions for applying Article 2 TEU.
1. The pending case Commission v Hungary (C-769/22) – 2. Respect for Article 2 TEU as a du-ty inherent to the EU membership – 3. A system of interconnected values and principles – 4. The relationships between Article 2 TEU and the Charter of Fundamental Rights – 5. The Hun-garian overall challenge to Article 2 TEU – 6. Applying Article 2 TEU: ‘concretised’, ‘flanked’, or ‘standalone’?.
European Papers - A Journal on Law and Integration, 2025 10(1), 1-24
Hungary, non-regression, Law of Europe, hungary, K, model of eu values, KJ-KKZ, Article 2 TEU, Court of Justice, European values, Hungary, article 2 teu, Article 2 TEU, Fundamental Rights, Hungarian legislation self-standing application – non-regression – model of EU values – infringement action, infringement action, Article 2 TEU, self-standing application, model of EU values, Law
Hungary, non-regression, Law of Europe, hungary, K, model of eu values, KJ-KKZ, Article 2 TEU, Court of Justice, European values, Hungary, article 2 teu, Article 2 TEU, Fundamental Rights, Hungarian legislation self-standing application – non-regression – model of EU values – infringement action, infringement action, Article 2 TEU, self-standing application, model of EU values, Law
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