Promoting and safeguarding the EU’s values

SUMMARY OF:

Article 2 of the Treaty on European Union (TEU)

Article 7 TEU

Commission communication – Strengthening the rule of law within the Union: A blueprint for action

WHAT IS THE AIM OF ARTICLES 2 AND 7 TEU, AND OF THE COMMUNICATION?

• According to Article 2 of the Treaty on European Union (TEU), the European Union (EU) 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 EU Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Article 49 TEU makes the commitment to promoting these values a condition for any European country applying to join the EU and a prerequisite for upholding all rights and obligations deriving from the treaties and from international law.
• Article 7 TEU aims at ensuring that all Member States respect the common values of the EU, including the rule of law.
  • Its preventive mechanism (Article 7(1) TEU) allows the Council of the European Union to give the Member State concerned a warning before a serious breach has actually materialised.
  • Its sanctioning mechanism (Article 7(2) TEU) allows the Council to suspend certain rights deriving from the application of the treaties to the Member State in question, including its voting rights in the Council. In that case, the serious breach must have persisted for some time.
• The communication presents a series of measures to further strengthen the rule of law in Europe, a prerequisite for citizens to enjoy their rights under EU law and for mutual trust among Member States.

KEY POINTS

2019 communication

A communication, issued in July 2019, sets out the European Commission’s blueprint for action – concrete initiatives grouped around three themes.

• Promoting a rule-of-law culture to strengthen cooperation with the Council of Europe, including the Venice Commission and the Group of States against Corruption, along with other international organisations such as the Organisation for Security and Cooperation in Europe and the Organisation for Economic Co-operation and Development.
• Preventing rule-of-law problems by setting up a rule-of-law review cycle, including an annual rule-of-law report covering all Member States (see below).
• Responding effectively to breaches of the rule of law by continuing to make full use of the Commission’s enforcement powers as a guardian of the treaties, to ensure the respect of EU law requirements relating to the rule of law. The Commission will pursue a strategic approach to infringement proceedings relating to the rule of law, requesting expedited procedures and interim measures whenever necessary to promote the standards developed in the case-law of the Court of Justice of the European Union.

The communication builds upon a framework for addressing systemic threats to the rule of law in any of the Member States, adopted by the Commission in 2014. This framework is complementary to infringement procedures launched when EU law has been breached and to the Article 7 TEU procedure, which, at its most severe, allows for the suspension of voting rights in the Council in the event of a serious and persistent breach of EU values by a Member State. It also frames how the Commission enters into a dialogue with the Member State concerned to prevent the escalation of systemic threats to the rule of law. In preparing its assessment of the situation, the Commission can draw on the expertise of other EU institutions and international organisations.

Rule-of-law mechanism

Following on from the blueprint set out in 2019, as part of the annual rule-of-law review cycle, the Commission has published annual reports on the rule of law in 2020, 2021 and 2022. The purpose of the cycle is to promote the rule of law in all Member States and to prevent challenges from emerging or deepening. Each report focuses on four key elements:

• justice systems (their independence, quality and efficiency);
• the anti-corruption framework (legal and institutional set-up, prevention, repressive measures);
• media pluralism and media freedom (regulatory bodies, transparency of ownership and governmental interference, protection of journalists); and
• other institutional issues linked to checks and balances (legislative process, independent authorities, accessibility, judicial review, civil society organisations).

The reports each include a chapter for each Member State and analyse new developments in the reporting period along with the follow-up to the challenges and developments identified in the previous report. Beginning with the 2022 report, the Commission has included recommendations to the Member States.

BACKGROUND

For more information, see:

• Upholding the rule of law (European Commission)
• About FRA (European Union Agency for Fundamental Rights).

MAIN DOCUMENTS

Consolidated version of the Treaty on European Union – Title I – Common provisions – Article 2 (OJ C 202, 7.6.2016, p. 17).

Consolidated version of the Treaty on European Union – Title I – Common provisions – Article 7 (ex Article 7 TEU) (OJ C 202, 7.6.2016, pp. 19–20).

Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions – Strengthening the rule of law within the Union: A blueprint for action (COM(2019) 343 final, 17.7.2019).

RELATED DOCUMENTS

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2022 Rule of Law Report – The rule of law situation in the European Union (COM(2022) 500 final, 13.7.2022).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2021 Rule of Law Report – The rule of law situation in the European Union (COM(2021) 700 final, 20.7.2021).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2020 Rule of Law Report – The rule of law situation in the European Union (COM(2020) 580 final, 30.9.2020).

Communication from the Commission to the European Parliament, the European Council and the Council – Further strengthening the Rule of Law within the Union – State of play and possible next steps (COM(2019) 163 final, 3.4.2019).

Consolidated version of the Treaty on European Union – Title VI – Final provisions – Article 49 (ex Article 49 TEU) (OJ C 202, 7.6.2016, p. 43).

Conclusions of the Council and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014.

Communication from the Commission to the European Parliament and the Council – A new EU Framework to strengthen the rule of law (COM(2014) 158 final, 11.3.2014).

Communication from the Commission to the Council and the European Parliament on Article 7 of the Treaty on European Union – Respect for and promotion of the values on which the Union is based (COM(2003) 606 final, 15.10.2003).

last update 13.07.2022