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- Title
Die „Werte der Union": Legitimitätsstiftung, Einheitsbildung, Föderalisierung.
- Authors
Nettesheim, Martin
- Abstract
The European Union is undergoing a profound process of transformation, in which the EU institutions are redefining the inner essence of the EU. Instead of a functional understanding of integration, the EU now seeks to understand itself as a "community of values" or "union of values". The EU considers the values mentioned in Article 2 of the Treaty on European Union as the "constitutional core" of the Union. The EU aims to present itself as an ethically grounded organization and hopes to gain higher approval from its citizens. The EU is attempting to develop a kind of post-national civil religion in order to create a political community of Europeans. The article discusses the value federalism in the European Union (EU) and the impact of Article 2 of the Treaty on European Union (TEU) on the member states. It argues that Article 2 TEU grants the authority to defend the "values of the Union" against the member states, leading to comprehensive control and evaluation of the member states' decisions regarding their state organization. The article deals with decisions of the European Court of Justice (ECJ) regarding the independence of the judiciary in Poland. The ECJ has found that the selection of judges in Poland is politicized and aims to select a politically loyal judiciary. The ECJ has also developed standards to protect the independence of the courts from disciplinary and sanction measures. The article discusses the decision-making and political nature of Article 7 of the EU Treaty. It emphasizes that decisions are made within an open discourse and not imposed from above.
- Subjects
EUROPEAN Union; CIVIL religion; JUDICIAL selection &; appointment; LEGAL judgments; JUDICIAL independence; EUROPEAN communities; REFERENDUM; SAME-sex marriage
- Publication
Europarecht (05312485), 2022, Vol 57, Issue 5, p525
- ISSN
0531-2485
- Publication type
Article
- DOI
10.5771/0531-2485-2022-5-525