Ricerc@Sapienza

This chapter focuses on the nature and effect of the values and principles enshrined in Articles 3(5) and 21 TEU, which set out the objectives and limits of the EU’s external action. It begins with some introductory remarks highlighting the constitutional significance of international values aimed at giving guidance to the conduct of the EU foreign relations power. The second part explores the tendency of the CJEU to use these values and principles as a means of enlarging the functional scope of the EU competences.

Moving from a theoretical recasting of the “right to have rights” in the works of Hannah Arendt, the author deals with some critical stances on the legal treatment of asylum-seekers’ fundamental rights. In particular, it focuses on human dignity as a viable legal instrument in order to overcome the growing selective use of rights and remedies in the current migration crisis.