Document Type

Book Chapter

Book Authors/Editors

Geneviève Giudicelli-Delage et al.

Publication Date



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.