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Contribution to Collected Edition

Towards a Tyranny of Values? Principles on Defending Checks and Balances in EU Member States

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von Bogdandy,  Armin
Max Planck Institute for Comparative Public Law and International Law, Max Planck Society;

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Citation

von Bogdandy, A. (2021). Towards a Tyranny of Values? Principles on Defending Checks and Balances in EU Member States. In A. von Bogdandy, P. Bogdanowicz, I. Canor, C. Grabenwarter, M. Taborowski, & M. Schmidt (Eds.), Defending Checks and Balances in EU Member States (pp. 73-103). Heidelberg: Springer. doi:10.1007/978-3-662-62317-6_4.


Cite as: https://hdl.handle.net/21.11116/0000-000D-CBCC-9
Abstract
This contribution develops the framework of European reactions to the undermining of checks and balances in EU Member States. It surveys the normative setting with its various institutional options and contrasting constitutional principles and then applies these principles to the panoply of relevant instruments. The building blocks of this framework are competence, procedure, standards, and control. This should help Europe to speak with a principled voice. The contribution shows how red lines can be drawn that respect constitutional pluralism, and how any action’s legitimacy is enhanced if many institutions undertake it jointly.