European Values and National Constitutions: Bringing the Charter from Uncharted Waters

A shadow of uncertainty seems to have fallen on the face of European integration in the wake of recent crises. The European Union is struggling to cope with the challenges adequately and in a timely manner. One of the underlying causes for indecisiveness is a rising conflict at the level of fundamental values. This chapter wishes to explore this problem from a conceptual point of view, seeking to provide possible solutions also based on the Charter of Fundamental Rights.
We will focus on the notions of “European” and “national” values in the context of the European Union. The analysis will mainly focus on Articles 2, 4 and 6 TEU and 52 Charter.
Then we will focus on the role of the Charter in solving possible value clashes: from CJEU’s case law in the field, we will verify how the Charter fared in value conflicts. By studying the wording and possible interpretations of the Charter’s provisions, we thereby intend to bring the Charter from yet relatively uncharted waters.