The Metamorphosis of EU Law through Article 19(1) TEU: From Loyalty to Value-Laden Interpretation

This article aims to demonstrate the evolution of the scope of EU law by examining Article 19(1) TEU, a key legal provision of the EU. Having succeeded former Articles 164 EEC and 220 EC, Article 19(1) TEU incorporates the concept of ‘effective legal protection’ into the ‘law is observed’ (first paragraph, second sentence of Article 19(1) TEU) provision of its predecessors with a new second paragraph. This addition has enabled the Court to develop robust case law alongside Article 4(3) TEU (the principle of loyalty), Article 47 of the EU Charter Fundamental Rights and Article 2 TEU, the latter of which sets out values such as the rule of law (in its first sentence) and solidarity (in its second sentence). On 29 April, in the case of Commission v Malta, the Court relied on Article 2 TEU to determine that the national legislation was contrary to EU law. In this case, the Court also referred to the values of democracy and solidarity. This case marks a drastic change in the application and interpretation of EU law. This article analyses this transformation, in which the Court relies on a value-laden interpretation of Article 19(1) TEU.