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‘Living together’ in Europe’s polarised societies : navigating the ECtHR and CJEU case law
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1725-6739
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EUI; LAW; Working Paper; 2024/18
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AZOULAI, Loic, ‘Living together’ in Europe’s polarised societies : navigating the ECtHR and CJEU case law, EUI, LAW, Working Paper, 2024/18 - https://hdl.handle.net/1814/77442
Abstract
The present condition of European societies is that of an increasing polarisation of all social relations. Individuals and social groups are internally polarising not just on the basis of differences of opinions and values but in the very way of picturing reality. This affects the way we collectively address major societal issues such as our relation to climate change, migrants and minority religious groups. European law, and the two supranational Courts in particular, are not immune from this. On the one hand, they have become privileged sites for expressing polarised views. One the other hand, they are themselves becoming the target of polarised sentiments, accused of being responsible for the perceived deteriorated conditions prevailing in European societies. This raises the basic issue of "living together" in European society. Does the legal concept of “living together”, developed in the jurisprudence of the European Court of Human Rights exactly ten years ago, constitute a suitable instrument to respond to this issue? How (if at all) is the concern about "living together" approached in the case law of the Court of Justice of the European Union? These are the questions this paper attempts to answer.