A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States
The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU l...
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| Format: | Article |
| Language: | English |
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Centre for Studies on Federalism
2018-05-01
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| Series: | Perspectives on Federalism |
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| Online Access: | http://www.degruyter.com/view/j/pof.2018.10.issue-1/pof-2018-0004/pof-2018-0004.xml?format=INT |
| _version_ | 1818955494951223296 |
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| author | Bonelli Matteo |
| author_facet | Bonelli Matteo |
| author_sort | Bonelli Matteo |
| collection | DOAJ |
| description | The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU lacks instruments of direct enforcement and coercion. Several authors have therefore proposed to ‘federalize’ EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework presents a series of obstacles to federal-like enforcement. Solutions to national crises must ultimately respect the constitutional balance between the Union and the Member States. |
| first_indexed | 2024-12-20T10:38:58Z |
| format | Article |
| id | doaj.art-4f24368cd9864a0e96dfaedad4dabcf8 |
| institution | Directory Open Access Journal |
| issn | 2036-5438 |
| language | English |
| last_indexed | 2024-12-20T10:38:58Z |
| publishDate | 2018-05-01 |
| publisher | Centre for Studies on Federalism |
| record_format | Article |
| series | Perspectives on Federalism |
| spelling | doaj.art-4f24368cd9864a0e96dfaedad4dabcf82022-12-21T19:43:35ZengCentre for Studies on FederalismPerspectives on Federalism2036-54382018-05-01101417010.2478/pof-2018-0004pof-2018-0004A Federal Turn? The European Union’s Response to Constitutional Crises in the Member StatesBonelli Matteo0PhD Researcher Faculty of Law, Maastricht University, Maastricht, NetherlandsThe EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU lacks instruments of direct enforcement and coercion. Several authors have therefore proposed to ‘federalize’ EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework presents a series of obstacles to federal-like enforcement. Solutions to national crises must ultimately respect the constitutional balance between the Union and the Member States.http://www.degruyter.com/view/j/pof.2018.10.issue-1/pof-2018-0004/pof-2018-0004.xml?format=INTEuropean Unionfederalisminternational organisationrule of lawHungaryPoland |
| spellingShingle | Bonelli Matteo A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States Perspectives on Federalism European Union federalism international organisation rule of law Hungary Poland |
| title | A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States |
| title_full | A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States |
| title_fullStr | A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States |
| title_full_unstemmed | A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States |
| title_short | A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States |
| title_sort | federal turn the european union s response to constitutional crises in the member states |
| topic | European Union federalism international organisation rule of law Hungary Poland |
| url | http://www.degruyter.com/view/j/pof.2018.10.issue-1/pof-2018-0004/pof-2018-0004.xml?format=INT |
| work_keys_str_mv | AT bonellimatteo afederalturntheeuropeanunionsresponsetoconstitutionalcrisesinthememberstates AT bonellimatteo federalturntheeuropeanunionsresponsetoconstitutionalcrisesinthememberstates |