European Union Law

A.Y. 2025/2026

Prof. Claudia Candelmo-Prof. Robert Schuetze

Lecture 11-12
24 and 27 February 2026
The EU Legal Order; the values of the EU; fundamental rights in the EU;

Prof. Claudia Candelmo

candelmo@[Link]
What have we learnt so far?
• From 1950 to nowadays
• The Institutional framework of the EU
• The current architecture of the Treaties
• TEU
• TFEU
• + Annexes, Protocols, the CFREU
They form the «constitutional basis» of the EU Legal Order…
What is the EU legal order?
The Eu Legal Order: Introduction

The EU legal order

 Art. 1 CFREU: Human dignity is inviolable. It

The values of the EU must be respected and protected

• On which values is the Union founded?

• «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» (art. 2 TEU)
→ A community of values
→ Values to respect for candidates as well as Member States (art. 49
TEU + art. 2 & 7 TEU)
 The values of the EU
• How is democracy achieved? → Involvement of citizens and of their
representatives
• Citizens
• Citizens’ initiative (art. 11 TEU; art. 24 TFEU; REGULATION (EU) 2019/ 788)
• The European Parliament
• Direct elections
• Co-legislation
• The National Parliaments (art. 12 TEU)
• Right to information (Protocol 1 on the Role of National Parliaments in the EU)
• Supervision on the respect of the principle of subsidiarity (Protocol 2 on the
principles of subsidiarity and proportionality)
• Participation in the revision of the Treaties (Convention; ratification; opposition)
The values of the EU: control mechanism(s)
• How to check that the values are respected? → Art. 7 TEU
1st situation: risk of serious breach of the values (7.1)
Initiative: Reasoned proposal by a) 1/3 of MS; b) EP; c) Commission
Procedure: The Council, acting by a majority of four fifths of its
members after obtaining the consent of the European Parliament,
determines that there is a clear risk of a serious breach.
[before the determination: consultations with the MS concerned; can
make recommendations;
after the determination: checks that the grounds continue to exist].
The values of the EU: control mechanism(s)

Poland
• Initiative: European Commission (2017); Proposal for a Council
Decision
• Issues raised: breach of the rule of law, independence of the
judiciary, supremacy of EU Law
• Hearings with Poland at the Council
• May 2024: procedure closed, withdrawal of reasoned proposal
(upon presentation of a plan of reforms)
 The values of the EU: control mechanism(s)
Hungary
• Initiative: European Parliament (2018), Proposal of the European
General Affairs Council - Consilium Proposal of the European

Parliament.
Parliament

• Issues raised: independence of the judiciary, corruption, freedom

(of association, religion, expression), protection of minorities and
migrants’/asylum seekers’ rights.
• Procedure still open (hearings carried out at the level of the
Council).
• Recent developments: General Affairs Council - Consilium
 The values of the EU: control mechanism(s)
2nd situation: existence of a serious and persistent breach of the
values (7.2)
Initiative: Proposal by a) 1/3 of MS; b) Commission;
Procedure: The European Council, acting by unanimity, with the
consent of the European Parliament, may determine the existence of
a serious and persistent breach by a Member State [before: MS can
submit observations].
Further steps → The Council, acting by a qualified majority, may
decide to suspend certain of the rights of the MS (e.g. voting rights).
BUT: Obligations deriving from the Treaties continue.
After: The Council may vary or revoke the measures.
The values of the EU: control mechanism(s)
• What role for the CJEU under art. 7?

• «The Court of Justice shall have jurisdiction to decide on the legality

of an act adopted by the European Council or by the Council
pursuant to Article 7 of the Treaty on European Union solely at the
request of the Member State concerned by a determination of the
European Council or of the Council and in respect solely of the
procedural stipulations contained in that Article […]» (art. 269 TFEU).
The values of the EU: control mechanism(s)
• Other tools?
• Can the infringement procedure be used to assess a breach of art. 2
TEU?
• Art. 258 TFEU: «If the Commission considers that a Member State
has failed to fulfil an obligation under the Treaties […]»; cfr. text of
art. 2 TEU → «The Union is founded on the values…» Commission v
Poland (Independence and private life of judges);
• But, more recently → C-769/22 - Commission v Hungary (Valeurs de
l’Union)
• The link with other provisions: art. 19 (1) TEU «Member States shall
provide remedies sufficient to ensure effective legal protection in
the fields covered by Union law».
 The values of the EU: control mechanism(s)
• Other tools?
• Regulation (EU, Euratom) 2020/2092 → Conditionality for the protection of
the Union budget
• «…breaches of the principles of the rule of law in a Member State affect or
seriously risk affecting the sound financial management of the Union
budget or the protection of the financial interests of the Union in a
sufficiently direct way» (art. 4)
• Cases C-156/21 and C-157/21 → CURIA – Documenti
That sound financial management and those financial interests are liable to be seriously
compromised by breaches of the principles of the rule of law committed in a Member
State, since those breaches may result, inter alia, in there being no guarantee that
expenditure covered by the Union budget satisfies all the financing conditions laid
down by EU law and therefore meets the objectives pursued by the European Union
when it finances such expenditure
 «The respect of human rights»
“The Union recognises the rights, freedoms and principles set out in the Charter of
Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg,
on 12 December 2007, which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences of the Union as
defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with
the general provisions in Title VII of the Charter governing its interpretation and application
and with due regard to the explanations referred to in the Charter, that set out the sources of
those provisions.
The Union shall accede to the European Convention for the Protection of Human Rights
and Fundamental Freedoms. Such accession shall not affect the Union's competences as
defined in the Treaties.
Fundamental rights, as guaranteed by the European Convention for the Protection of
Human Rights and Fundamental Freedoms and as they result from the constitutional
traditions common to the Member States, shall constitute general principles of the
Union's law”.
The long journey of human rights in the EU
• No protection

• «Progressive introduction» through CJEU jurisprudence

• Until → Art. 6 TEU

• CFREU
• ECHR
• Constitutional traditions common to the Member States
&
• Human rights part of the general principles of EU Law
The long journey of human rights in the EU
• Stork v. High Authority, 1959
• Applicant «the High Authority failed to respect certain
fundamental rights which are protected under almost all the
constitutions of the Member States and limit the area of
application of the Treaty»; «[…] the High Authority wrongly failed
to take account of the fact that the decisions in question had to
be assessed from the point of view of German law, by virtue of
which they were void.
• The Court: «That argument is unfounded.
• «[…] the High Authority is only required to apply Community
law. It is not competent to apply the national law of the Member
States. Similarly, (…) the Court is only required to ensure that in
the interpretation and application of the Treaty, and of rules
laid down for implementation thereof, the law is observed. It is
not normally required to rule on provisions of national law».
Internationale Handelsgesellschaft mbH, 1970
• Confirmation that validity of EU acts must be assessed only on
the basis of EU Law (not national law)…
• BUT
• «an examination should be made as to whether or not any
analogous guarantee inherent in Community law has been
disregarded. In fact, respect for fundamental rights forms an
integral part of the general principles of law protected by the
Court of Justice.» (See also Stauder – 1969)
Internationale Handelsgesellschaft mbH, 1970
• «The protection of such rights, whilst inspired by the
constitutional traditions common to the Member States, must
be ensured within the framework of the structure and
objectives of the Community»
• How?
Nold, 1974
• International agreeements of which Member States are Parties.
• «the Court is bound to draw inspiration from constitutional traditions
common to the Member States, and it cannot therefore uphold
measures which are incompatible with fundamental rights
recognized and protected by the Constitutions of those States…»
• «Similarly, international treaties for the protection of human rights on
which the Member States have collaborated or of which they are
signatories, can supply guidelines which should be followed within
the framework of Community law»
• Which treaties?
The European Convention on Human Rights
and Fundamental Freedoms (1950)
Art. 6 (2) TEU «The Union shall accede to the European Convention for the
Protection of Human Rights and Fundamental Freedoms».
Art. 59 (2) ECHR «The European Union may accede to this Convention»

How?
- Negotiation of an agreement (first agreement rejected by the CJEU Opinion
2/13; second draft agreement reached in 2023).
- Unanimous decision of the Council to conclude the agreement; Consent
of the Parliament; Ratification of Member States.
- EU accession to the ECHR ("46+1" Group) - Human Rights
Intergovernmental Cooperation
 The Union’s Bill of Rights
• 2000 → Adoption of the Charter
→ Non binding
• 2007 → Art. 6 TEU
• Charter is binding and has «the same legal value as the Treaties»
(but → not formally part of the Treaties)
• 7 Sections (substantial content + general provisions)
Human rights in the EU, today
CFREU

ECHR

General principles of EU
Law
Constitutional
Traditions
The protection of human rights, today
• Who is bound by human rights EU law?
• Art. 51 CFREU «The provisions of this Charter are addressed to the
Institutions, bodies, offices and agencies of the Union with due
regard for the principle of subsidiarity and to the Member States
only when they are implementing Union law».
 The protection of human rights, today
• Which level of protection is applied and what scope do HR have?

• Art. 52 CFREU «In so far as this Charter contains rights which

correspond to rights guaranteed by the ECHR, the meaning and
scope of those rights shall be the same as those laid down by the
said Convention.
• This provision shall not prevent Union law providing more extensive
protection»
 The protection of human rights, today
• Which level of protection is applied and what scope do HR have?

• Art. 53 CFREU «Nothing in this Charter shall be interpreted as

restricting or adversely affecting human rights and fundamental
freedoms as recognised, in their respective fields of application, by
Union law and international law and by international agreements
to which the Union, the Community or all the Member States are
party, including the ECHR, and by Member States’ Constitutions».
• → BUT this cannot go against primacy of EU Law (Melloni)
Can human rights be limited?
• Why would there be a need to limit human rights?
• Art. 52 CFREU «Any limitation on the exercise of the rights and freedoms
recognised by this Charter must be provided for by law and respect the
essence of those rights and freedoms.
• Subject to the principle of proportionality, limitations may be made only if they
are necessary and genuinely meet objectives of general interest recognised by
the Union or the need to protect the rights and freedoms of others».
Human
rights
Proportionality +
untouchable core

General
Interest
The Eu Legal Order: Introduction

The EU legal order

 The Objectives of the EU (art. 3 TEU)
• Promotion of peace, its values and the well-being of its peoples.
Establishment of an area of freedom, security and justice without internal
frontiers [ internal free movement + external border controls]
• Creation of an internal market → balanced economic growth and price
stability, a highly competitive social market economy
• Combat social exclusion and discrimination, promote social justice and
protection, equality between women and men, solidarity between
generations and protection of the rights of the child.
• Achieve social, economic and territorial cohesion + solidarity among MS as
well as respect for diversity
• The Union shall establish an economic and monetary union whose currency
is the euro.
 The Objectives of the EU (art. 3 TEU)
• External relations → Uphold and promote its values and interests and
contribute to the protection of its citizens.
• 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.
To achieve its objectives…
• …The Union is conferred competences by the Treaties.
• Principle of conferral (arts. 4 and 5 TEU) → «The limits of Union
competences are governed by the principle of conferral» (Art. 5
TEU). +
• «Competences not conferred upon the Union in the Treaties remain
with the Member States» (Art. 4 TEU).
• «The use of Union competences is governed by the principles of
subsidiarity and proportionality. […] » (Art. 5 TEU).