Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU

Abstract

Enforcement and conceptualisation of Article 2 TEU values - Rule of law - A non-regression principle for EU values faces significant pitfalls - Limits of the 'backsliding' paradigm informing doctrinal developments under Article 2 TEU - Inadequacy of a progress/regression trajectory as a lens for constitutional developments - Complexity of Article 2 values threatens to render regression assessments simplistic - Non-regression and the equality of member states - Potential conflicts between non-regression and minimum standards as tests for Article 2 compliance