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Freedeom, Security & Justice Part 3
Freedom, Security & Justice Part 2
Freedom, Security & Justice Part 1
Values and Objectives of the EU Including the Creation of an Area of Freedom, Security, and Justice (FSJ)
Summary:
1. Article 2 TEU lists the values on which the EU is founded. They are:
- Respect for human dignity (a new value);
- Freedom (previously referred to as “liberty”);
- Democracy;
- Equality (a new value);
- The rule of law;
- Respect for human rights, including the rights of persons belonging to minorities.
These values are common to all the Member States “in a society in which pluralism, 39 non-discrimination, tolerance, justice, solidarity, and equality between women and men prevail”. The observance of EU values by the Member States is supervised by the EU which may intervene if a MemberState violates them or even if there is merely a danger of them being breached. Under Article 7 TEU the EU may take measures such as a warning or suspension of the EU rights with regard to the offending MemberState. Further, the accession of a State to the EU depends on that State’s adherence to EU values.
2. The objectives that justify the EU’s existence and its competences are listed in Article 3 TEU. They are clearly formulated and enhance the fact that economic objectives are as important as social, cultural, environmental, and humanitarian objectives. The promotion of peace, the EU’s values, and the well-being of its people constitute the overreaching objectives of the EU. More specific objectives are:
A. The creation of an area of FSJ;
B. The establishment of the internal market which must pursue not only economic objectives but also social, cultural and environmental goals;
C. The establishment of monetary and economic union (EMU);
D. The reinforcement of the EU’s presence on the international stage with a view to promoting its values and interests and contributing to the protection of EU citizens outside the EU.
Introduction
The ToL defines and provides a better comprehension than the previous treaties of why the Member States are together in the EU and of the values and objectives which are shared by EU citizens. Articles 2 to 7 and 47 TEU are essential as they define the EU itself, its values, objectives, relations with Member States and its legal personality. The Preamble to the ToL refers to “the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law”. However, no specific religion is mentioned in the Treaties. The striking features of the ToL’s objectives are its emphasis on the respect, promotion and protection of human rights and the commitment of the EU to make itself more democratic and more relevant to its citizens.
The values on which the EU is founded
Article 2 lists the values on which the EU is founded. Some of them have never before been mentioned in the Treaties, i.e. the respect for human dignity and equality although the EU commitment to them has always been implicit. Article 2 TEU states that:“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.”
These values are not declarations without commitment. They are enforceable in that if breached, or even if there is merely a danger of them being breached, the EU can take measures such as a warning to or suspension of the EU rights of the offending MemberState. Additionally, in so far as candidate states are concerned, one factor in judging their suitability for membership will be whether or not they have demonstrated adherence to these values.
Over-reaching and specific objectives of the EU
The overreaching objectives of the EU changed with the coming into force of the ToL. Article 3(1) TEU lists as overreaching objectives: the promotion of peace, of the EU’s values and of the well-being of its people. The specific objectives of the EU are set in Article 3 TEU as follows: “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.
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.
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.”
The above list clearly shows that the ToL assigns a very important place to non-economic objectives, i.e. to social and environmental objectives. Further, it mentions, for the first time, cultural objectives so that the EU is required to respect “rich cultural and linguistic diversity” and not only safeguard the cultural heritage of Europe but also develop it. Ambitious international objectives of the EU are contained in Article 3(5) TEU which are to be pursued in accordance with the principles of international law, including those contained in the UN Charter. The granting of international legal personality to the EU will allow the EU to play a greater role on the international stage.
