The equality of the Member States

Monica Claes*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

The principle of equality has been incorporated in Article 4(2) TEU and imposes a duty on the Union to respect the equality of the Member States before the Treaties. It is one of the foundational principles of the Union and common to the Member States, though usually it is applied to and between natural persons, not states. In Article 4 TEU equality is closely connected to other principles concerning the relations between the EU and the Member States (the principles of conferral, residual powers and essential state functions; the principle of national identity; the principle of loyalty) and relations between the Member States (the principle of loyalty or solidarity). It is also closely related to the principles of the uniform application of EU law, the primacy of EU law and the principle of mutual trust. Yet, while the equality between the Member States is often put forward in the political debate and increasingly so, its legal use has so far remained limited.
Original languageEnglish
Title of host publicationResearch Handbook on General Principles of EU Law
Subtitle of host publicationConstructing Legal Orders in Europe
EditorsKatja Ziegler, Päivi Neuvonen, Violeta Moreno-Lax
Place of PublicationCheltenham/Northampton
PublisherEdward Elgar Publishing
Chapter6
Pages99-117
ISBN (Electronic)9781784712389
ISBN (Print)9781784712372
DOIs
Publication statusPublished - 19 Apr 2022

Publication series

SeriesResearch Handbooks in European Law series

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