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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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The Acquis and Its Principles

The Acquis and Its Principles

The Enforcement of the ‘Law’ versus the Enforcement of ‘Values’ in the EU

Chapter:
(p.9) 1 The Acquis and Its Principles
Source:
The Enforcement of EU Law and Values
Author(s):

Dimitry Kochenov

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0002

This chapter demonstrates that the majority of the enforcement literature falls short of tackling the core compliance problems in the EU today. While the overwhelming focus is on the acquis, the values of the Union are virtually never taken into account. Even the most innovative accounts of enforcement—presenting justice in the EU as a service, for instance—do not pay sufficient attention to the need to ensure that the basic values of Article 2 TEU are adhered to. Viewed against the lacunae in the literature on enforcement, all the values’ enforcement proposals set out in this chapter demonstrate a fundamentally important break with the dangerously short-sighted tradition approaching the issues of enforcement in the context of EU law solely with the Union acquis in mind. The chapter thus recommends that a different approach would be absolutely indispensable at this stage.

Keywords:   acquis sensu stricto, EU values, TEU, enforcement literature, core compliance problems, enforcement proposals, Article 2 TEU

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