Fellow Talk
Fr 07 Jan 2022 | 14:30–15:30

The Value of the Rule of Law (Art. 2 TEU) as National Identity Clause (Art. 4 (2) TEU) à Rebours?

Fellow Talk by Maciej Taborowski (Warsaw University / Deputy Ombudsman for the Republic of Poland), chaired by Beáta Bakó (European University Institute / Co-Editor-in-Chief)

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.

Maciej Taborowski is Associate Professor (adiunkt) at the Law and Administration Faculty of Warsaw University (WPiA UW) and Associate Professor at Institute of Legal Studies of the Polish Academy of Sciences (INP PAN), Deputy Ombudsman of the Republic of Poland (Ombudsman Professor Adam Bodnar) i.a. representing the Ombudsman in proceedings before the Court of Justice of the European Union and the European Court of Human Rights.

This Fellow Talk is a closed event.

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