My brother’s keeper? Horizontal solange: “An ever closer distrust among the peoples of Europe”

Publishers Abstract:
The success of the European Union is predominately measured by its ability to secure lasting peace, unity, equality, freedom, and not least by bringing its Member States to act together on the basis of common fundamental values and in solidarity. The path adopted by the European Court of Justice (ECJ) for settling both the substantive and the institutional aspects of the competition on spheres of competences, has been harshly criticized. However, as more recent case law shows, the ECJ is striving to twist the plot and become the Constitutional Court of the Union that provides genuine protection of fundamental rights in Europe.

The reasoning of the Court is based on a test, which the author labels the "horizontal Solange" test and which is composed of two tiers. This article focuses on the highlights of the horizontal Solange test. Horizontal Solange enables the ECJ to complete constructing the European pyramid of norms according to which the protection of European fundamental rights trumps conflicting Union policies as expressed in secondary legislation.

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