Chapter

Fundamental Rights and EU Enlargement

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print July 2012 | ISBN: 9780199696789
Published online September 2012 | e-ISBN: 9780191741722 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696789.003.0003
Fundamental Rights and EU Enlargement

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One of the central aspects of the move towards constitutionalizing the EU was the adoption of the Charter of Fundamental Rights. There is an important ‘enlargement dimension’ to the Charter. In particular, it has performed the significant function of reducing certain pathologies of the ‘political conditionality’ process, the use of which was viewed as the application of ‘double standards’ by the EU, as candidate states were measured by tests which the Union refused to apply to its own internal order. It also helped to reduce sovereignty-related anxiety among CEE candidate states and revitalized the ‘values talk’ within the EU as a community of values, not only a community of interests. The inclusion of Article 7, introducing a preventive and sanctioning mechanism into the Treaty on European Union, was largely prompted by the prospect of the eastward enlargement; this best illustrates the way that the enlargement can be seen as an agenda-setter for human rights constitutionalism in the EU.

Keywords: EU law; Charter of Fundamental Rights; Treaty on European Union; TEU; Lisbon Treaty; Article 7; Haider; Fundamental Rights Agency; enlargement; sovereignty; Central and Eastern Europe

Chapter.  20322 words. 

Subjects: EU Law

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