Fostering European Constitutionalism through the power of solidarity: the drive for value enforcement by the European Court of Justice in the light of case C-848/19

This research explores the meaning of the principle of solidarity in European constitutionalism, particularly in terms of energy solidarity (Art. 194 TFEU). In view of the many proposals made by the EU institutions of political leadership, the European Court of Justice gave a response that could mark a turning point for the creation of a European energy policy (ECJ, C-848/19, Germany vs. Poland). By studying this case, we can attempt to understand how European constitutionalism is developing in light of the principle of solidarity. In this regard, the Court underlines that it is not only a value characterised by a political meaning, but it is primarily a legally enforceable principle, establishing rights and duties for each Member State. It is also a parameter of legitimacy in the Court’s judicial review. From this perspective, in the sensitive field of energy, since this judgment, the ECJ has performed a peculiar and controversial institutional role.