Tyranny of Values? Problems and Paths of European Defence of National Rule of Law

The article examines the necessity, requirements and pitfalls of national constitutional courts defending European values against authoritarian tendencies. National courts cannot and should not avoid this challenge, but must involve the Court of the European Union, even in case they decide on grounds of national identity. Any interpretation of the European values should be minimalistic: aiming only at red lines safeguarding essentials of liberal constitutionalism, but not at guiding principles for a pan-European constitutional law. The application should be a common exercise by various institutions within a European Einschätzungsverbund. All this is needed to avoid a Schmittian “tyranny of values”