Towards a Tyranny of EU Values?

Abstract

Abstract This chapter assesses the general risks of mobilizing Article 2 TEU before the Court of Justice. On the one hand, the indeterminacy of these values might provide a gateway for the Luxembourg judges’ political, moral, or ideological convictions thereby jeopardizing the rule of law. The Court can respond to such concerns by deciding value-related cases in the Grand Chamber or full Court, by rigorously applying recognized legal methods, and by making the sources that inspire the concretization of Article 2 TEU more transparent. On the other hand, the judicial enforcement of these indeterminate values might raise democratic concerns. For one, such concerns can emerge when the Court reviews the value compliance of democratically elected national governments. At the same, the judicial activation of Article 2 TEU might further tip the institutional balance, among the Union institutions, towards the EU judiciary. This chapter demonstrates how to mitigate these risks.