Liability of Member States for the Violation of Fundamental Values of the European Union: Europarecht Beiheft 1 | 2018
In: Sonderheft Europarecht
Cover -- Part I: Protected Values -- Principles and values in the European Union -- Reflections on What the Rule of Law Means and its Significance at EU Level -- From the uncertain to the implicit (passing by the problematic). Reflections on the reference to the rule of law and on its protection in the Treaty on European Union -- Fundamental rights, EU membership and Art. 7 TEU -- Democracy - A Value common to the Member States of the European Union -- Part II: Liability of Member States -- The nature and requirements for liability of a Member State under Article 7 TEU -- Comparative study on enforcing common values against subnational units, member states in federations and other international organizations. De societatis et de civitatis -- Causation as a requirement for the Member State liability under Art. 7 TEU in conjunction with Art. 2 TEU -- Wrongfulness and Fault as Requirements of the "European Delict" under Art. 7 TEU? -- Balancing Values and Interests in the Art. 7 TEU Procedure -- Rule of Law: European Commission v. Poland -- Part III: Enforcement -- Beyond Voting Rights Suspension. Tailored Sanctions as Democracy Catalyst under Article 7 TEU -- Constitutional remedies of persons facing consequences of the Council decision on suspension of certain Member State´s rights -- Right and duty to pursue the "wrongdoer" and a possible abuse of Art 7 TEU