Taking Value Constitutionalism Seriously: Migration and Values in EU Law and European Society

Abstract This article argues that taking Article 2 values seriously as a cornerstone of EU constitutional law requires analysing domains beyond the rule of law and judicial independence. It investigates the role of values in migration management by taking the EU–Turkey Statement and temporary reintroduction of border checks within Schengen as examples through which to tease out how values interact with non-values-based priorities, the indeterminacy of divergent interpretations of values, and the value of freedom. The upshot is scepticism of the existing project of value constitutionalism and an invitation to rethink Article 2 values in the complex register of migration.