Lecture 13 - Values and objectives of the EU.pptx

Bachelor of European Studies Academic year 2023-24 INTRODUCTION TO EU LAW AND INTERNATIONAL LAW Lecture 13: Values and Objectives of the EU Prof. Dr. Jan Wouters (KU Leuven) 1 Structure 1. What is the EU fundamentally about? 2. The EU as a Union of values 3. EU objectives 4. Still largely an e...

Bachelor of European Studies Academic year 2023-24 INTRODUCTION TO EU LAW AND INTERNATIONAL LAW Lecture 13: Values and Objectives of the EU Prof. Dr. Jan Wouters (KU Leuven) 1 Structure 1. What is the EU fundamentally about? 2. The EU as a Union of values 3. EU objectives 4. Still largely an economic actor? 5. How to enforce the respect of the EU’s values? 2 1. What is the EU fundamentally about? (I) Economic integration? Political integration? A peace project? A human rights project? A bit of everything? 3 1. What is the EU fundamentally about? (II) Economic integration? 4 1. What is the EU fundamentally about? (III) Political integration? 5 1. What is the EU fundamentally about? (IV) A peace project? “World peace cannot be safeguarded without the making of creative efforts proportionate to the dangers which threaten it. The contribution which an organized and living Europe can bring to civilization is indispensable to the maintenance of peaceful relations” 6 1. What is the EU fundamentally about? (V) A human rights project? 7 1. What is the EU fundamentally about? (VI) A bit of everything? 8 2. The EU as a Union of values (I) The EU is essentially about an idea “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities … The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe” 9 2. The EU as a Union of values (II) Article 2 Treaty on European Union (TEU) “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.” 10 2. The EU as a Union of values (III) Who belongs 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.” 11 3. EU objectives (I) Article 3 TEU “1. The Union's aim is to promote peace, its values and the well-being of its peoples. 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.” 12 3. EU objectives (II) Article 3 TEU (cont’d) “3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. 4. The Union shall establish an economic and monetary union whose currency is the euro.” 13 3. EU objectives (III) Article 3 TEU (cont’d) “5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.” 14 4. Still largely an economic actor? Look at the formulation and extent of EU competences (Lecture 14): • Exclusive competences (Article 3(1) Treaty on the Functioning of the European Union (TFEU)) = primarily economic: customs union, competition rules necessary for the functioning of the internal market, monetary policy, common commercial policy • Even shared competences (Article 4(2) TFEU) = largely economic: internal market, agriculture & fisheries, consumer protection, transport, trans-European networks, energy Also: social, health, environment, cohesion, AFSJ • The “weaker” competences (Article 6 TFEU) = more socio-cultural: human health, culture, tourism, education, vocational training, … • Where are equality, democracy, human rights, rule of law, solidarity? 15 5. How to enforce the respect of the EU’s values? (I) • Prior to accession • Article 7 TEU: “nuclear option”? • 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? 16