TY - JOUR
T1 - 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
AU - FUSCO, ALESSIA
PY - 2023
Y1 - 2023
N2 - 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.
AB - 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.
KW - C-848/19
KW - European Court of Justice
KW - energy solidarity
KW - C-848/19
KW - European Court of Justice
KW - energy solidarity
UR - https://iris.uniupo.it/handle/11579/196586
M3 - Article
SN - 1988-5091
VL - 34
SP - 361
EP - 372
JO - REVISTA GENERAL DE DERECHO PÚBLICO COMPARADO
JF - REVISTA GENERAL DE DERECHO PÚBLICO COMPARADO
ER -