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)

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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: Faculties > Social Sciences > Kent Law School
Depositing User: Cathy Norman
Date Deposited: 21 Mar 2014 15:37 UTC
Last Modified: 02 Jun 2014 14:45 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/38877 (The current URI for this page, for reference purposes)
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