Document Type
Book Chapter
Book Authors/Editors
Geneviève Giudicelli-Delage et al.
Publication Date
2021
Abstract
This contribution to a Festschrift in honor of Mireille Delmas-Marty explores the challenges for Delmas-Marty’s aim of “ordered pluralism” within the EU, given the departures from fundamental EU values by some of its Member States in recent years. It touches on the divided pasts of the Western and Eastern members of the EU, building on work of C. Joerges and T. Snyder in that area, addressing how the different historical narratives may be understood. It also suggests the utility of Article 17 of the European Convention, as was done by the partially concurring, partially dissenting judges in the Navalny v. Russia decision, as a better tool for addressing the “liberticide” acts of EU Member States than those European Convention tools currently being used. This short piece is part of a larger project that will appear in English at a later date.
Recommended Citation
Vivian G. Curran,
L’Europe face aux défis de pluralismes inattendu,
Des mélanges ouverts : cheminer avec Mireille Delmas-Marty
(2021).
Available at:
https://scholarship.law.pitt.edu/fac_book-chapters/28
Included in
Comparative and Foreign Law Commons, Human Rights Law Commons, Intellectual Property Law Commons, International Law Commons, Law and Politics Commons, Law and Society Commons, Legal History Commons, Legal Remedies Commons, Transnational Law Commons