On Monday, 26 May 2025, the 5th Gil Carlos Rodríguez Iglesias Seminar of the Revista de Derecho Comunitario Europeo (RDCE) was held at the Centro de Estudios Políticos y Constitucionales in Madrid. This edition was dedicated to the theme “Values and Principles in European Union Law” and brought together leading scholars and jurists to reflect on the protection and development of the values enshrined in Article 2 of the Treaty on European Union (TEU).
One of the key moments of the day was the intervention of Professor Antonio Bar Cendón, Chair of Constitutional Law at the Universitat de València and member of the research project Rule of Law Crisis in the EU. His presentation, entitled “Member States and the Values and Principles of the European Union: Protecting National Constitutional Identity”, was part of the third session, devoted to “New Perspectives on Principles and Values in EU Law”.
Constitutional identity and euroscepticism: an existential question
Professor Bar began by discussing the constitutionalisation process of the European Union, noting that the recognition of “national identity” in Article 4.2 TEU was, in part, a concession to British Euroscepticism. Today, he argued, the issue of national identity has become an existential dilemma for Member States — a binary yes/no regarding EU membership.
What do we mean by “EU Values”?
Bar analysed the nature and scope of the values of Article 2 TEU from two perspectives: a natural law (iusnaturalist) view and a positivist approach. He stressed that the EU’s articulation of its values is essentially political, and that their protection is also framed through political procedures, primarily Article 7 TEU.
A formalist vision that requires rethinking
In his closing reflections, Professor Bar offered a critique of what he views as the excessively formalist approach adopted by the CJEU. The Court, he argued, centres its conception of the rule of law on access to an independent judge, often neglecting other substantive dimensions of Article 2 TEU.
He noted that the EU’s core values still lack a clearly defined material content, and that protecting the constitutional identity of Member States cannot rely solely on judicial procedures. In his view, Article 7 TEU is insufficient to safeguard such identity.
A vital debate for the future of integration
Professor Antonio Bar’s intervention highlighted the current tensions between European integration and the protection of national constitutional identities, at a time when the EU’s foundational values are under internal pressure. His analysis invites us to rethink how EU law can continue to guarantee a common space grounded in freedom, justice and democracy.
