lecture 9: The European Union and its Fundamental Values

Article 2 TEU

• 2007 Treaty of Lisbon

• Some values were previously called “principles” —> Amsterdam Treaty, EU Charter of Fundamental Rights (“CFR”)

• “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which
  pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”

• twelve values or six?

art 21 TEU

• “the universality and indivisibility of human rights and fundamental freedoms”

• The EU’s action on the international scene being “guided” by: “the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.”

Article 49 TEU

“Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union.”

values article 3 TEU

• Social justice and protection / combating social exclusion

• Intergenerational solidarity => CFR: “Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations”

• rights of the child

• respect of cultural and linguistic diversity

• sustainable development

principles art 5 TEU

Conferral, subsidiarity, proportionality

principles art 4(3) TEU

sincere cooperation

principle art 9 TEU

equality of citizens

other principles in EU treaties

• Transparency
• Mutual recognition
• Open market economy
• Principles of precaution, prevention and polluter pays
• Sound financial management

art 7 TEU

nuclear options

art 258 TFEU

Infringement actions by the European Commission against Member States

art 267 TFEU

Preliminary references from national courts to the European Court of Justice

EU conditionality regulation

Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget