What are the values of the European Union?
And how does it defend them?

Historical evolution

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1951 – 1957: Creation of the ECSC, the EEC and EURATOM

A single reference to values in the Treaty of Rome: “the safeguarding of peace and liberty”

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1992: the Maastricht Treaty on the completion of the Single Market:

the Member States declare themselves “resolved to promote together democracy on the basis of fundamental rights”.
This is an indirect reference to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) of 1950, to which 47 States (46 after Russia’s withdrawal in 2020) have acceded, but not the European Union as such.

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1999: Treaty of Amsterdam amending the Treaty on European Union

“The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States”.

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2000: the Nice European Council adopts

the Charter of Fundamental Rights of the European Union 2007: the Treaty of Lisbon

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2007: the Treaty of Lisbon

it is the basis of the current Art. 2 TEU (the values) and of Arts. 3 and 4 (the general principles governing the Member States’ conduct towards the Union).

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The six fundamental values of Art. 2 TEU

 

1/ Human Dignity

This covers:

• the right to life and the right to physical and psychological integrity of the person

• the prohibition of torture and of inhuman or degrading punishment or treatment

• also fair and just working conditions

• the prohibition of child labour and the protection of young people at work

• social security and health protection

• environmental protection

• consumer protection.

 

2/ Freedom

This covers:

• freedom of thought and expression, of religion and association, of information and education

• freedom to conduct a business and respect for property rights

• protection against arbitrary action

• respect for private life

• the guarantee of the right of asylum and protection in the event of removal or extradition

• the free movement of citizens and workers.

 

3/ Democracy

This value is addressed from two angles:

• First, it enshrines the principle of representative democracy as the basis of the European institutions, and the right of all Union citizens to vote and stand for election to the European Parliament (Art. 10 TEU)

• Respect for democratic rules by the Member States themselves is rather addressed under the fifth value, that of the rule of law.

 

4/ Equality

This concerns the equality of all citizens before the law.

It applies without discrimination to men and women alike, in both the public and private spheres, in employment relations and in public and elective office.

 

5/ The Rule of Law

This is the cardinal value of the Union, which must be given a broad interpretation “having regard to the other values and principles of the Union enshrined in Article 2” (definition adopted in the Conditionality Regulation):

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→ At the institutional level, there is first the principle that the judgments of the Court of Justice of the European Union are binding on all, and the primacy of Union law over the domestic law of the Member States, including their Constitutions.

→ As regards the content of individual protections, the rule of law covers:

• the right to effective judicial protection, including access to justice before independent and impartial courts, also with regard to the fundamental rights discussed below

• the rights of the defence and the legality of offences and penalties, the prohibition of arbitrariness and legal certainty

• but also the existence of a transparent, accountable, democratic and pluralistic legislative process within the Member States.

 

6/ Human Rights

• This covers the rights, freedoms and principles recognised by the Charter of Fundamental Rights of the European Union of 2000 and the convergent principles of the European Convention on Human Rights of 1950 (Art. 6 TEU).

This again includes the judicial guarantees already listed, but also the protection of property, the right to education, the right to free elections and the principle of equality and non-discrimination.

• The Charter adds the principle of interpersonal solidarity in the areas of social security, health protection, environmental protection and consumer protection.

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The principles of interpretation of the six values

 

• The second sentence of Art. 2 TEU:

“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”.

• The Preamble to the Treaty:

the Treaty draws “inspiration from 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”.

• Art. 3(3) TEU:

the Union “shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced”.

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The other basic principles of the Union

 

• The other basic principles of the European Union essentially comprise obligations between the Member States (Arts. 3 and 4 TEU):

- obligation of cooperation

- obligation of loyalty

- obligation of solidarity

- obligation of mutual assistance

The obligation of solidarity is given concrete form in numerous provisions, notably in the event of aggression against a Member State (duty of aid and assistance: Art. 42 TEU), for the sharing of financial responsibilities, and in matters of energy resources, terrorist attacks or natural disasters.

• The Union’s values also have a universal scope: Europe aims to promote the principles that presided over its creation in the rest of the world (Art. 21 TFEU).