Journal article

Publication year: 2024

Pages: 1471-1500

Journal: Common Market Law Review

Volume number: 61

Issue number: 6

DOI Link: https://doi.org/10.54648/cola2024099

Publisher: Kluwer Law International

Abstract: 

For a decade now, the CJEU has been complementing and indeed overwriting its long-standing functionalist approach to constitutionalism. Anew, a principled constitutionalism is emerging that draws from the first 19 articles of the EU Treaties and activates the potential of its constitutional core. Some consider this path a problematic example of judicial self-empowerment. By contrast, the article demonstrates that the CJEU’s new constitutionalism operationalizes two understudied choices of the LisbonTreaty. The authors of theTreaties gave Articles 1 to 19TEU a foundational role as the basic part of theTreaties, and toArticles 1, 2 and 3(1)TEU even that of a constitutional core. These choices suggest, indeed require, a principled interpretation to implement the new order of the Treaties and call for an engaged and proactive legal community to safeguard and develop the Union’s constitutional identity.

Harvard Citation style: Bast, J. and Bogdandy, A. (2024) The constitutional core of the Union: On the CJEU’s new, principled constitutionalism, Common Market Law Review, 61(6), pp. 1471-1500. https://doi.org/10.54648/cola2024099

APA Citation style: Bast, J., & Bogdandy, A. (2024). The constitutional core of the Union: On the CJEU’s new, principled constitutionalism. Common Market Law Review. 61(6), 1471-1500. https://doi.org/10.54648/cola2024099