UID:
kobvindex_HPB1055041342
Format:
1 online resource (242 pages)
Edition:
1. Auflage.
ISBN:
9783845293721
,
3845293721
Series Statement:
Europarecht. Beiheft ; 1/2018
Content:
Article 7 TEU protects the European Union against political developments in one or more member states that undermines values on which the common association is based. We identify three particular reasons for such a provision. First, the level of cooperation achieved within the European Union requires consensus on fundamental values among those public officials of the member states who participate in EU decision making. Second, since the European Union is not merely an association of states, but a polity of constitutional quality, diversion from the common values would undermine the realisation of rights of private persons of other member states in their cross-border activities. Finally, Article 7 TEU protects citizens and resident legal persons of the violating state against political changes that do not respect liberal values, even if achieved through a democratic process. The last issue, which, as the Polish and Hungarian cases have revealed, has been the most controversial, forms in fact the very core of the European integration project. Article 7 TEU does not only allow for political sanction, but creates a special liability regime. Legal scholarship, however, has not yet undertaken a serious analysis of its individual components. A comprehensive analysis requires bringing together legal experts on European law, constitutional law, law of tort/delict, and experts that can bring a comparative perspective on solutions in other jurisdictions. The contributions to this book have been discussed during a conference at the Charles University Prague in 2016.--
Note:
Papers from a conference held in November 2016 at the Charles University in Prague.
,
Principles and values in the European Union /
,
Reflectons on what the rule of law means and its significance at EU level /
,
From the uncertain to the implicit (passing by the problematic): reflections on the reference to the rule of law and on its protection in the Treaty on European Union /
,
Fundamental rights, EU membership and Art. 7 TEU /
,
Democracy -- a value common to the member states of the European Union /
,
The nature and requirements for liability of a member state under Article 7 TEU /
,
Comparative study on enforcing common values against subnational units, member states in federations and other international organizations: de societatis et de civitatis /
,
Causation as a requirement for the member state liability under Art. 7 TEU in conjunction with Art. 2 TEU /
,
Wrongfulness and fault as requirements of the "European Delict" under Art. 7 TEU? /
,
Balancing values and interests in the Art. 7 TEU procedure /
,
Beyond voting rights suspension: tailored sanctions as democracy catalyst under Article 7 TEU /
,
Constitutional remedies of persons facing consequences of the Council decision on suspension of certain member state's rights /
,
Right and duty to pursue the "wrongdoer" and a possible abuse of Art. 7 TEU /
Additional Edition:
Print version: Liability of member states for the violation of fundamental values of the European Union. Baden-Baden : Nomos, 2018 ISBN 9783848751761
Additional Edition:
ISBN 3848751763
Language:
English
URL:
ProQuest Ebook Central
URL:
https://www.vlebooks.com/vleweb/product/openreader?id=none&isbn=9783845293721
