Countering the Judicial Silencing of Critics: Article 2 TEU Values, Reverse Solange, and the Responsibilities of National Judges

Abstract

EU Rule of law crisis – Article 2 TEU – EU values – EU fundamental rights – Freedom of speech – Member state courts – Interpretation of national law in conformity with Article 2 TEU values – Preliminary reference – Duty of referral – Criminal liability of judges – Reverse Solange – ASJP judgment – Judicial applicability of Article 2 TEU – Value-oriented interpretation of EU law – Mutual Amplification – Essence of EU fundamental rights – L.M. judgment – Aranyosi judgment – Federal balance – Red lines – Systemic deficiencies – Solange presumption – Mutual trust