Rule of law – the European Court of Justice ruling

The European Union is based on a set of common fundamental values. They are listed in Article 2 of the Treaty on European Union, the TEU. They are respect for human dignity, freedom, democracy, equality, the rule of law and the respect for human rights, including the rights of persons belonging to minorities. Article 2 adds to this that 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.
This provision comes at the very beginning of the EU Treaty, and it is clearly meant to be of fundamental importance. It is not just a symbolic statement, but also a legally binding provision. This means that both EU institutions and the Member States are obliged to uphold these values. That guarantee makes it possible for Member States to mutually trust each other’s decisions. Moreover, it also legitimizes the EU in the eyes of its citizens. The commitment to respect and promote these values is a prerequisite for EU membership, as outlined in Article 49 TEU, as well. …