Coverart for item
The Resource Liability of member states for the violation of fundamental values of the European Union, Armin Hatje/ Luboš Tichý [Ed.], (electronic resource)

Liability of member states for the violation of fundamental values of the European Union, Armin Hatje/ Luboš Tichý [Ed.], (electronic resource)

Label
Liability of member states for the violation of fundamental values of the European Union
Title
Liability of member states for the violation of fundamental values of the European Union
Statement of responsibility
Armin Hatje/ Luboš Tichý [Ed.]
Contributor
Editor
Subject
Language
eng
Summary
Article 7 TEU protects the European Union against political developments in one or more member states that undermines values on which the common association is based. We identify three particular reasons for such a provision. First, the level of cooperation achieved within the European Union requires consensus on fundamental values among those public officials of the member states who participate in EU decision making. Second, since the European Union is not merely an association of states, but a polity of constitutional quality, diversion from the common values would undermine the realisation of rights of private persons of other member states in their cross-border activities. Finally, Article 7 TEU protects citizens and resident legal persons of the violating state against political changes that do not respect liberal values, even if achieved through a democratic process. The last issue, which, as the Polish and Hungarian cases have revealed, has been the most controversial, forms in fact the very core of the European integration project. Article 7 TEU does not only allow for political sanction, but creates a special liability regime. Legal scholarship, however, has not yet undertaken a serious analysis of its individual components. A comprehensive analysis requires bringing together legal experts on European law, constitutional law, law of tort/delict, and experts that can bring a comparative perspective on solutions in other jurisdictions. The contributions to this book have been discussed during a conference at the Charles University Prague in 2016.--
Member of
Assigning source
Provided by Publisher
Index
no index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Hatje, Armin
  • Tichý, Luboš
Series statement
  • Europarecht. Beiheft
  • Nomos eLibrary
Series volume
2018,1
http://library.link/vocab/subjectName
  • Government liability
  • Rule of law
Label
Liability of member states for the violation of fundamental values of the European Union, Armin Hatje/ Luboš Tichý [Ed.], (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.5771/9783845293721
Instantiates
Publication
Copyright
Contents
Principles and values in the European Union / Rudolf Streinz -- Reflectons on what the rule of law means and its significance at EU level / Gavin Barrett -- From the uncertain to the implicit (passing by the problematic): reflections on the reference to the rule of law and on its protection in the Treaty on European Union / Emmanuel Sur -- Fundamental rights, EU membership and Art. 7 TEU / Aalt Willen Heringa -- Democracy - a value common to the member states of the European Union / Andreas Haratsch -- The nature and requirements for liability of a member state under Article 7 TEU / Luboš Tïchý -- Comparative study on enforcing common values against subnational units, member states in federations and other international organizations: de societatis et de civitatis / Laurent Sermet -- Causation as a requirement for the member state liability under Art. 7 TEU in conjunction with Art. 2 TEU / Ewa Bagińska, Sylwia Majkowska-Szulc -- Wrongfulness and fault as requirements of the "European Delict" under Art. 7 TEU? / Ulrich Magnus -- Balancing values and interests in the Art. 7 TEU procedure / Michael Potacs -- Beyond voting rights suspension: tailored sanctions as democracy catalyst under Article 7 TEU / Tomas Dumbrovsky -- Constitutional remedies of persons facing consequences of the Council decision on suspension of certain member state's rights / Jiří Zemánek -- Right and duty to pursue the "wrongdoer" and a possible abuse of Art. 7 TEU / Matthias Niedobitek
Control code
on1053903826
Dimensions
unknown
Edition
1. Auflage.
Extent
1 online resource.
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783845293721
Specific material designation
remote
System control number
(OCoLC)1053903826
Label
Liability of member states for the violation of fundamental values of the European Union, Armin Hatje/ Luboš Tichý [Ed.], (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.5771/9783845293721
Publication
Copyright
Contents
Principles and values in the European Union / Rudolf Streinz -- Reflectons on what the rule of law means and its significance at EU level / Gavin Barrett -- From the uncertain to the implicit (passing by the problematic): reflections on the reference to the rule of law and on its protection in the Treaty on European Union / Emmanuel Sur -- Fundamental rights, EU membership and Art. 7 TEU / Aalt Willen Heringa -- Democracy - a value common to the member states of the European Union / Andreas Haratsch -- The nature and requirements for liability of a member state under Article 7 TEU / Luboš Tïchý -- Comparative study on enforcing common values against subnational units, member states in federations and other international organizations: de societatis et de civitatis / Laurent Sermet -- Causation as a requirement for the member state liability under Art. 7 TEU in conjunction with Art. 2 TEU / Ewa Bagińska, Sylwia Majkowska-Szulc -- Wrongfulness and fault as requirements of the "European Delict" under Art. 7 TEU? / Ulrich Magnus -- Balancing values and interests in the Art. 7 TEU procedure / Michael Potacs -- Beyond voting rights suspension: tailored sanctions as democracy catalyst under Article 7 TEU / Tomas Dumbrovsky -- Constitutional remedies of persons facing consequences of the Council decision on suspension of certain member state's rights / Jiří Zemánek -- Right and duty to pursue the "wrongdoer" and a possible abuse of Art. 7 TEU / Matthias Niedobitek
Control code
on1053903826
Dimensions
unknown
Edition
1. Auflage.
Extent
1 online resource.
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783845293721
Specific material designation
remote
System control number
(OCoLC)1053903826

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...