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The Values of the European Union Legal Order: Constitutional Perspectives

Moorhead, Timothy (2014) The Values of the European Union Legal Order: Constitutional Perspectives. European Journal of Law Reform, 16 (1). pp. 3-18. ISSN 1387-2370. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:38877)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided.

Abstract

At the heart of the European Union legal order lie values directed collectively to the idea of European integration. As a body with significant governmental and lawmaking powers, the Union also presents itself as an institution based upon the rule of law. The Union ‘constitution’ therefore expresses both regulatory powers direct­ed towards European integration as well as rule of law principles whose scope of application is limited by the terms of the Treaties. In this article I consider how this distinctive amalgam of values operates as a constitution for the European Union, by comparison with domestic constitutional values within the Member States. I also consider how Union constitutional demands condition and inform the legal practices of the Court of Justice. Here I identify the interpretive effects of superior Union laws –? the core Treaty objectives as well as rule of law principles found within the General Principles ?– as of particular significance in developing the legal influences of the entire Union project of integration.

Item Type: Article
Subjects: K Law
K Law > K Law (General)
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Catherine Norman
Date Deposited: 21 Mar 2014 15:37 UTC
Last Modified: 17 Aug 2022 10:57 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/38877 (The current URI for this page, for reference purposes)

University of Kent Author Information

Moorhead, Timothy.

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