Rescue Package For Fundamental Rights: Comments by ANTJE WIENER

While “safety umbrella” (German: “Rettungsschirm”) is perhaps not the word of the month, the Solange Reversed proposal suggested by the Bogdandy team makes a strong case for linking fundamental rights and citizenship. Both are type 1 norms of constitutionalism, i.e. norms which express fundamental ethical values of a community and which are therefore generally agreed among democratic actors. As such, both fundamental norms are uncontested in the way they are defined by Article 2 (fundamental rights) and Article 20 (citizenship rights) of the Lisbon Treaty (TEU), respectively.

What is novel – and may therefore become subject to contestation – is the change of ‘European’ citizenship practice which follows putting the Solange Reversed proposal into place, as suggested by the Bogdandy team. This change of legal practice has political implications. In practice, the proposal involves a branching out of current ‘European’ citizenship practice which is likely to consolidate the European Union’s genuine normative order. The litmus test of this effect remains the performance of the European Union (EU) and it’s institutions towards other such orders, to be sure. In any case, the debate about the proposed change will shed new light on the political impact of legal integration. So far, the map of European integration has most decisively been charted by a trail of court rulings. In their sum, these rulings reflect a strong impact of citizens’ (and residents’) everyday-life in the EU.

Building on some forty years of ‘European’ citizenship practice and a steady line of sensitive court rulings, the Solange Reversed proposal more substantially and critically sheds light on the question of stateness, and the familiar link between sovereignty and stateness. In the following, this comment develops that argument in some more detail ...

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