re:constitution
2021/ 2022
Maciej Taborowski
Mobility Phase: Central European University | University of Oslo
The Value of the Rule of Law (Art. 2 TEU) as National Identity Clause (Art. 4 (2) TEU) à Rebours?
Maciej Taborowski is Professor at the Institute of Legal Studies of the Polish Academy of Sciences (INP PAN) and former Deputy Ombudsman of the Republic of Poland (2019-2022) i.a. representing the Ombudsman in proceedings before the Court of Justice of the European Union and the European Court of Human Rights and the Polish Constitutional Tribunal. Maciej is also a Polish advocate (adwokat) and Member of i.a. the Good Lobby Profs, the Council of the Osiatynski Archive and the Expert Team of the Stefan Batory Foundation in Warsaw. The basic themes of his academic research include: protection of the rule of law in European Union law, issues dealing with judicial protection in EU law, the EU internal market and EU citizenship law, the protection of fundamental rights, the effectiveness of the EU legal system, as well as national and constitutional identity of an EU Member State.
The Value of the Rule of Law (Art. 2 TEU) as National Identity Clause (Art. 4 (2) TEU) à Rebours?
The proposed project aims to determine whether and to what extent the normative obligation of Member States to respect the value of the rule of law (Article 2 TEU) bears similarity to the obligation of the European Union to respect the national identity of Member States (Article 4(2) TEU), and thus to what extent the legal effects attributed in the case law of the Court of Justice of the European Union (CJ) to the national identity clause in Article 4(2) TEU can be transferred to the application of Article 2 TEU. Demonstrating such similarity, would pave the way for creating broader possibilities (than already found in CJ jurisprudence) of interpretation and application of Article 2 TEU at the intersection of EU and national law. The proposed research aims to identify and analyze such possibilities, e.g. in the context of EU citizenship and EU internal market law.
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