Block 3.3.pdf

29/11/2023 Bachelor of European Studies Academic year 2023-24 EUROPEAN INTEGRATION Block 3: Legal-Political Foundations Lecture 3: The European Union and its Fundamental Values Prof. Dr. Jan Wouters (KU Leuven) 1 1 Structure 1. Article 2 TEU 2. Other values in the EU Treaties 3. Going through...

29/11/2023 Bachelor of European Studies Academic year 2023-24 EUROPEAN INTEGRATION Block 3: Legal-Political Foundations Lecture 3: The European Union and its Fundamental Values Prof. Dr. Jan Wouters (KU Leuven) 1 1 Structure 1. Article 2 TEU 2. Other values in the EU Treaties 3. Going through the values 4. Challenges of enforcement 2 2 1 29/11/2023 1. Article 2 TEU (I) • Inserted by 2007 Treaty of Lisbon • Some values were previously called “principles” (eg 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.” 3 3 1. Article 2 TEU (II) Twelve values or six? • • • • • • Human dignity Freedom Democracy Equality Rule of law Human rights / rights of persons belonging to minorities • • • • • • Pluralism Non-discrimination Tolerance Justice Solidarity Equality between women and men 4 4 2 29/11/2023 1. Article 2 TEU (III) Values “common to the Member States”: how “European” or how “universal” are they? Is the EU a “values missionary”? Eg Art 21 TEU speaks of 1) “the universality and indivisibility of human rights and fundamental freedoms” 2) 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.” 5 5 1. Article 2 TEU (IV) • Who can belong to that Union of values? 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.” • How does the EU/Commission assess whether candidate countries make progress on these values? 6 6 3 29/11/2023 2. Other values in the EU Treaties (I) Article 3 TEU • Social justice and protection / combating social exclusion (see also art 9, 151 and 153 TFEU and 34(3) CFR) • Intergenerational solidarity (see also preamble 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 (see also art 165(1), 167(1) and (4), 207(4)(a) TFEU, Declaration N° 16) • Sustainable development (see also preamble TEU and CFR, art 21(2)(d) TEU, art 11, 37 TFEU) 7 7 2. Other values in the EU Treaties (II) Principles, but not values? • • • • • • • • Conferral, subsidiarity, proportionality (Art 5 TEU) Sincere cooperation (Art 4(3) TEU) Equality of citizens (Art 9 TEU) Transparency Mutual recognition Open market economy Principles of precaution, prevention and polluter pays Sound financial management 8 8 4 29/11/2023 3. Going through the values • • • • • • • • • • • • Human dignity Freedom Democracy Equality Rule of law Human rights / rights of persons belonging to minorities Pluralism Non-discrimination Tolerance Justice Solidarity Equality between women and men 9 9 4. Challenges of enforcement • Prior to accession: see supra • Article 7(1) and (2) TEU: “nuclear options”? • Infringement actions by the European Commission against Member States (Article 258 TFEU) • Preliminary references from national courts to the European Court of Justice (CJEU) (Article 267 TFEU) • 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 • Soft law tools? 10 10 5