Dimitry Kochenov (CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna) has posted Restoring the Dialogical Rule of Law in the European Union: Janus in the Mirror (25 Cambridge Yearbook of European Legal Studies 2023 (Forthcoming)) on SSRN. Here is the abstract:
The primacy of EU law as framed by the Court of Justice pre-empts substantive arguments of principle that originate in other legal orders. This was accepted and acceptable to the extent that the values EU law contained were at least normatively equivalent to values originated from the other legal orders. In this contribution it is argued that this is no longer the case and that the misuse of the Rule of Law rhetoric justifying the primacy of EU law renders the EU less accountable and undermines the dialogical pluralist essence of EU constitutionalism.