The contribution of the Court of Justice to the codification of the founding values of the European Union
DOI:
https://doi.org/10.18042/cepc/rdce.51.05Keywords:
EU founding values, EU Constitutionalism, Fundamental rights, jurisprudential interpretation, human dignity, freedom, equality, rule of law, democracyAbstract
The road to the developing constitutional identity for the European Union (EU) culminated in the formal identification of the principles enshrined in former Article 6 TEU as founding values, first in terms of Article I-2 of the defunct Treaty establishing a Constitution for Europe and eventually in Article 2 TEU, as introduced by the Lisbon treaty. Moving from this assumption, the research is aimed at investigating the scope of new Article 2 TEU from a case law perspective, paying attention to the contribution of the EU Court of Justice to the definition of each value. First of all, it will be underscored that, unlike the previous wording, the new provision clarifies and deepens the catalogue of fundamental values, adding a reference to human dignity and equality and inserting a specific reference to the rights of persons longing to minorities. Secondly, it will be argued that, although a precise definition of each founding value is not easy, a valuable contribution to their interpretation may be found in the case law issued by the EU Court of Justice, which on several occasions made reference to the values of the EU.Downloads
Issue
Section
NOTES
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.