scholarly journals La Unión Europea como unión de valores y derechos : teoría y realidad = The European Union as a union of fundamental values and rights : theory and reality

2014 ◽  
Vol 1 (33) ◽  
pp. 99
Author(s):  
Antonio Bar Cendón
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Fundamental Values

La UE se fundamenta en un conjunto de valores que son enunciados en el Art. 2 del TUE de manera explícita: el respeto de la dignidad humana, la libertad, la democracia, la igualdad, el Estado de Derecho y el respeto de los derechos humanos. Valores que el mismo precepto considera que son comunes a todos los Estados miembros. Hasta ahora, la protección de estos valores fundamentales se encuentra en el mecanismo previsto en el Art. 7 del TUE. La existencia de este mecanismo no ha logrado, sin embargo, evitar la vulneración de los valores fundamentales de la UE por parte de varios de sus Estados miembros. En este sentido, este trabajo propone la formulación de un nuevo mecanismo —«mecanismo de Copenhague»— que sea capaz de hacer un seguimiento permanente de la actuación de los Estados para evitar que se produzcan esas vulneraciones, pero que sea capaz también de imponer las sanciones más graves a las vulneraciones de estos valores fundamentales, incluida la expulsión de la UE.The UE is founded on a set of values which are mentioned in an explicit manner in Art. 2 of the TEU: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Values which the same article states that are common to the Member States. Until now, the protection of these fundamental values is based on the mechanism foreseen in Art. 7 of the TEU. The existence of this mechanism though has not prevented the violation of these fundamental values by several of the Member States from taking place. This is why this article proposes the establishing of a new mechanism - the «Copenhagen mechanism» - which would be able to monitor the performance of the Member States on a permanent basis in order to prevent the violations from taking place, but which would also be able to impose the most serious penalties to the most serious violations of these fundamental values, including the expulsion of the UE.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals Tiesiskuma nodrošināšanas instrumenti Eiropas Savienības rīcībā – līdzšinējie un jaunais papildinājums

2021 ◽  
pp. 72-80
Author(s):  
Irēna Kucina ◽  
◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
Supreme Courts ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
Legal Space ◽  
Fundamental Values ◽  
The Eu

Rule of law is one of the fundamental values of the European Union. Over time, Court of Justice of the European Union, national constitutional and supreme courts and legal science, which form the common European legal space, have come to a more sophisticated and refined understanding of this notion – a concept, which more or less represents a shared understanding of what the rule of law means among all Member States. European Union cannot allow any of its Member States to deviate from this principle. It must have efficient tools for preventing such acts. The purpose of the Regulation 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 (the Regulation) is to give European Union a more efficient tool for ensuring Member States compliance with the rule of law. In addition to the existing legal instruments, it provides an entirely unique mechanism, which links the EU budget to the respect for the rule of law. This article analyses the already existing mechanisms for the enforcement of rule of law and then takes an in-depth look at the new mechanism established by the Regulation. It can be concluded that the Regulation represents a compromise, which is not perfect, but still workable. Although the process established by the Regulation is political, and there are certain risks to rule of law, guidelines adopted by the Council will precisely formulate the specific mandate of both political bodies (the European Commission and the Council of the EU) and align it with the legal purpose of the procedure. It will also enable Court of Justice to decide on specific cases, albeit post factum. Therefore, this Regulation should be considered as a step forward towards more efficient enforcement of rule of law in the European Union.

scholarly journals The Values of the European Union and their Protection under European Law

2020 ◽  
pp. 27-37
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.

scholarly journals Hungary and the Indirect Protection of EU Fundamental Rights and the Rule of Law

2013 ◽  
Vol 14 (10) ◽  
pp. 1959-1979 ◽  
Author(s):  
Mark Dawson ◽  
Elise Muir
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Central Place ◽  
Fundamental Rights ◽  
The European Union ◽  
Far Right ◽  
The Rule Of Law ◽  
Fundamental Values ◽  
Eu Fundamental Rights ◽  
The Eu

According to Article 2 of the Treaty on European Union, the European Union is a political and economic union founded on a respect for fundamental rights and the rule of law, referred to hereafter as EU fundamental values. The central place of this commitment in the EU Treaties suggests a founding assumption: That the EU is a Union of states who themselves see human rights and the rule of law as irrevocable parts of their political and legal order. Reminiscent of the entry of Jorg Haider's far-right Freedom Party into the Austrian government in 2000, the events of 2012 have done much to shake that assumption; questioning both how interwoven the rule of law tradition is across the present-day EU, and the role the EU ought to play in policing potential violations of fundamental rights carried out via the constitutional frameworks of its Member States. Much attention in this field, much like the focus of this paper, has been placed on events in one state in particular: Hungary.

Rechtliche Lösungen für politische Konflikte? Rechtsstaatsbezogene Vertragsverletzungsverfahren gegen Ungarn

IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 121-135
Author(s):  
Sonja Priebus ◽  
Lisa H. Anders
Keyword(s):  
European Union ◽  
European Commission ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law

Recently, there has been a renewed interest in infringement procedures as a tool against dismantling the rule of law and democracy in Member States of the European Union (EU). Against this background, this article analyses all seven rule of law-related infringement procedures against Hungary since 2010. It examines how the European Commission justified the opening of the procedures and how the Hungarian government reacted legally and in its public communications. While it has been suggested that infringement procedures would lead to a miscategorisation of rule of law problems, this contribution shows that in the majority of cases, the Commission made clear references to democracy and the rule of law. Nevertheless, the procedures could not dissuade the Hungarian government from its controversial reforms, nor were they able to depoliticise the conflicts over EU foundational values.

scholarly journals The “Thick” Rule of Law and Mutual Trust in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 1-17
Author(s):  
Juha Raitio
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Good Governance ◽  
Mutual Trust ◽  
The European Union ◽  
The Rule Of Law ◽  
Material Concept ◽  
The Eu

The concept of the rule of law has lately become a topical and controversial issue. For example, the existence of effective judicial review is an inseparable part of the rule of law and some problems in this respect have been analysed. This article advocates for a thick concept of the rule of law. This refers to the idea that the rule of law has both material and formal content. The controversial part seems to be the question of material content and whether it obscures the essential meaning of the rule of law as a requirement of legality. However, the material aspect of the rule of law can be linked to the value-base of the European Union. For example, during its EU Presidency, Finland strongly emphasized the significance of the value base and the rule of law in Article 2 teu for the development of the EU. Democracy, the rule of law, and the actualisation of fundamental and human rights in particular are connected together, combined in a trinity where all the components form preconditions for the others. This stance is not a novelty in Finland, since Jyränki, for one, two decades ago already maintained that human rights protect the individual’s position and thus belong to the sphere of the material concept of the rule of law. I have employed the metaphor of a musical triangle. A triangle can only make a sound if all three of its corners are connected to each other, thereby connecting the sides of the triangle. Observance of the core values of the EU is a precondition for mutual trust between Member States, which in turn is necessary for a well-functioning European Union and good governance.

scholarly journals Combating the constitutional crisis in Poland – Can the European Union provide an effective remedy?

2021 ◽  
Author(s):  
Monika Kawczyńska
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Order ◽  
Proper Solution ◽  
Preliminary Ruling ◽  
The European Union ◽  
The Rule Of Law ◽  
Effective Remedy ◽  
Fundamental Values ◽  
The Eu

AbstractRecent constitutional reforms in Poland have demonstrated a lack of respect for the rule of law and for the fundamental values which form the foundations of the EU legal order. The Polish authorities have substantially deviated from principles that the country has accepted as a part of the Copenhagen criteria. The aim of the article is to analyse the mechanisms and procedures applied by the EU institutions to address the systemic threats to the rule of law in Poland. The main focus of the assessment is on the effectiveness of the measure and its potential for a proper solution to the problem. The response provided by the EU demonstrate that there has been a shift from a political to judicial enforcement of values. The article argues that the remedies that were deemed to be the least suitable to address the systemic deficiencies in the rule of law – an infringement action and a preliminary ruling procedure – proved to be the most effective remedy to defend independence of the Polish judiciary. Unexpectedly, the most efficient institution to ensure the respect for values enshrined in Article 2 TEU in Poland proved to be the CJEU, providing extensive interpretation of Article 19 (1) TEU and Article 47 of the Charter. Nevertheless the values are still much more difficult to enforce than the law. While the most serious infringements have been reversed, this has not prevented the Polish authorities from further violating the rule of law.

Nationales Verfassungsrecht in der Europäischen Union

2021 ◽  
Author(s):  
Claus Dieter Classen
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
Basic Principles ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Head Of State ◽  
State Functions ◽  
The Eu

The book presents the constitutional systems of the 27 EU member states in an integrated form. Basic principles such as democracy and the rule of law, constitutionalismincluding constitutional jurisdiction, state organs (parliament, government, head of state) and state functions (legislation, administration, jurisdiction, foreign policy) are dealt with. Thus, common European basic principles are elaborated, but above all, the different manifestations of many constitutional principles are clarified. The book is aimed at all those who wish to inform themselves in a clear form about the constitutional systems of the EU member states on which the European Union is based.

scholarly journals REALIZATION OF LAW PROTECTION OF HUMAN RIGHTS CONDITION FOR STATE AND CITIZEN SAFETY

2017 ◽  
Vol 3 (1-2) ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
International Standards ◽  
European Convention ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Lasting Peace ◽  
Protection Of Human Rights

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.

scholarly journals Preventive counter-terrorism and non-discrimination assessment in the European Union

2011 ◽  
Vol 22 (2) ◽  
pp. 89-101 ◽  
Author(s):  
Quirine Eijkman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
Terrorist Attacks ◽  
The European Union ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
The United Kingdom

AbstractAs a result of the 9/11 terrorist attacks and the bombings in Madrid and London, a prevention-focused counter-terrorism approach has developed across the European Union. Preventive counter-terrorism is appealing because it implies interventions that remove the ability or, better still, the motivation of potential terrorists to carry out their lethal designs. Member states such as the United Kingdom and the Netherlands that primarily have experience in addressing 'home-grown' terrorism, have developed preventive counter-terrorism measures in response. Even though the majority of these laws, regulations and policies recognize the importance of the rule of law and human rights, it remains relevant to examine whether in theory and in practice particular measures have had disproportionate effects on ethnic and religious minorities and thereby violate non-discrimination standards.

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