Advertisement

What Explains the Lack of Trust in the EU Among Its Member States? A Constitutional Analysis of the EU’s ‘Value Crisis’

  • Joakim Nergelius
Chapter

Abstract

Nergelius considers various crises and challenges facing the European Union: the migration crisis, Britain’s imminent withdrawal from the EU, the risk of state bankruptcy in Greece and sanctions against Russia. The author argues that these crises are eminently constitutional as well as political. They draw attention to the ongoing conflict of values, exacerbated by the actions of the Hungarian and Polish governments, between a liberal model of society and various conservative, authoritarian and nationalist ideals that were long thought to be obsolete. To deal with this crisis, the more liberal states of the EU should make use of the mechanisms set out in the treaties to force recalcitrant states to adopt more liberal policies on refugees, as well as on political rights, freedoms and tolerance.

References

  1. Council of the European Union. (2013). Regulation (EU) No 604/2013 of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), Brussels, 26 June 2013.Google Scholar
  2. Council of the European Union. (2015). Council decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, Brussels, 22 September 2015.Google Scholar
  3. European Commission. (2014). Communication from the Commission to the European Parliament and the Council. A new EU Framework to strengthen the Rule of Law, (COM 2014/158 final 2), Brussels, 19 March 2014.Google Scholar
  4. European Commission. (2016). Communication from the Commission to the European Parliament and the Council. Towards a reform of the Common European Asylum System and Enhancing Legal Avenues to Europe, (COM (2016) 197), Brussels, 6 April 2016.Google Scholar
  5. Habermas, J. (2012). The crisis of the European Union: A response. Cambridge: Polity Press.Google Scholar
  6. Habermas, J. (2015). Democracy in Europe: Why the development of the EU into a transnational democracy is necessary and how it is possible. European Law Journal, 21(4), 546–557.CrossRefGoogle Scholar
  7. Hillion, C. (2016). Overseeing the rule of law in the European Union: Legal mandate and means. SIEPS European Policy Analysis, No. 1. Stockholm: The Swedish Institute for European Policy Studies.Google Scholar
  8. Hooghe, L., Marks, G., & Wilson, C. J. (2002). Does left/right structure party positions on European integration? Comparative Political Studies, 35(8), 965–989.CrossRefGoogle Scholar
  9. Müller, J.-W. (2015). Should the EU protect democracy and the rule of law inside member states? European Law Journal, 21(2), 141–160.CrossRefGoogle Scholar
  10. von Bogdandy, A., & Sonnevend, P. (Eds.). (2015). Constitutional crisis in the European constitutional area: Theory, law and politics in Hungary and Romania. Oxford: Hart Publishing.Google Scholar

Copyright information

© The Author(s) 2019

Authors and Affiliations

  • Joakim Nergelius
    • 1
  1. 1.Örebro UniversityÖrebroSweden

Personalised recommendations