EU Values and the Demise of Constitutional Prudence

This article presents two interconnected arguments. First, a method other than the doctrinal method is needed to study EU constitutional law. Using the ruling in Commission v Hungary as the central example, the article demonstrates that EU constitutional law is not just legal but also political in nature. Following Martin Loughlin, the article therefore argues that the method of EU constitutional law is ‘the method of prudence’. Second, adopting this perspective shows that the academic and judicial discourse concerning Article 2 TEU has been off the mark. CJEU case law, in particular, is characterised by a demise of constitutional prudence.