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Restoring Dialogical Rule of Law in the European Union : Janus in the Mirror
Title / Series / Name
Publication Volume
Publication Issue
Pages
Authors
Editors
Keywords
ECJ
EU values
coherence
constitutional dialogue
division of competences
overreach
supranational rule of law
Law
EU values
coherence
constitutional dialogue
division of competences
overreach
supranational rule of law
Law
URI
https://hdl.handle.net/20.500.14018/26600
Abstract
The primacy of EU law as framed by the Court of Justice pre-empts substantive arguments of principle that originate in other legal orders. This was accepted and acceptable to the extent that the values EU law contained were at least normatively equivalent to values originated from the other legal orders. In this contribution it is argued that this is no longer the case and that the misuse of the Rule of Law rhetoric justifying the primacy of EU law renders the EU less accountable and undermines the dialogical pluralist essence of EU constitutionalism.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2024-04-02
Language
ISBN
Identifiers
10.1017/cel.2023.16