The Constitutional Principles of European Society
Abstract
Over the past decade, the European Union has witnessed the rise of a new, principled constitutionalism. At the heart of this development stands Article 2 TEU, which enshrines the constitutional principles of the EU legal order. This contribution develops the theoretical and doctrinal architecture of Article 2 TEU and explores its potential for the future trajectories of European law and society. Theoretically, it examines the provision’s legal normativity, its transformative function, its constitutional impact as well as its promises for the emergence of a European society. Doctrinally, it addresses the justiciability and interpretation of Article 2 TEU, arguing that the provision features a dual nature: it forms the thick constitutional core of the EU legal order while serving as a thinner constitutional frame for the Member States. The implications of such an understanding can be illustrated with the value of democracy at the EU level and the rule of law at the national one. Against this backdrop, this contribution explores how Article 2 TEU can become a guiding star of the future development of both the European Union and its Member States.