This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts.
Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.
Author(s): Markus Frischhut
Publisher: Springer
Year: 2022
Language: English
Pages: 282
City: Cham
Preface
Contents
Abbreviations
List of Figures
List of Tables
Chapter 1: Setting the Agenda
1.1 Point of Departure (and `Ethical Spirit of EU Law´)
1.2 Objective and Limitations of This Book
1.3 Methodology
1.4 Structure
1.5 Introduction to Key Terminology
1.5.1 Ethics (Normative Theories) and Morality
1.5.2 Values (and Foundations)
1.5.3 Values and (General) Principles
1.5.4 (Mutual) Trust
1.5.5 Soft-Law
1.6 Practical Information for the Reader
References
Chapter 2: General Introduction (De Lege Lata)
2.1 Legal Bases: The Hub of Art 2 TEU, and Its Spokes
2.2 Different Levels
2.3 Specific Values, Respectively, Values in Specific Fields (Selection)
2.3.1 Health
2.3.2 Sports
2.3.3 Digitalisation
2.3.4 Non-financial Reporting
2.3.5 Lobbying and Beyond
2.4 Relations
2.5 Lessons Learned
References
Chapter 3: Different Scopes and Implications (De Lege Lata)
3.1 Scope Ratione Temporis
3.1.1 Development of Values
3.1.2 Living Instruments
3.2 Scope Ratione Materiae
3.2.1 Common and Constitutional Values of Art 2 TEU
3.2.1.1 Human Dignity
3.2.1.2 Democracy
3.2.1.3 Rule of Law
3.2.1.4 Human Rights
3.2.1.5 Rights of Minorities
3.2.1.6 Solidarity
3.2.1.7 Justice
3.2.1.8 Equality
3.2.1.9 Equality Between Women and Men
3.2.1.10 Non-discrimination
3.2.1.11 Freedom
3.2.1.12 Pluralism
3.2.1.13 Tolerance
3.2.1.14 Lessons Learned
3.2.2 Other Values, Outside Art 2 TEU
3.2.3 Specific Values, Respectively, Values in Specific Fields
3.3 Scope Ratione Personae
3.3.1 Who Is Entitled?
3.3.2 Who Is Obliged?
3.4 Scope Ratione Limitis
3.4.1 The External Perspective
3.4.2 The Internal Perspective
3.5 Implications (Justiciability and Restrictions)
3.5.1 Justiciability and Other Implications of Values
3.5.2 Restrictions of Values
3.6 Lessons Learned
References
Chapter 4: Relations
4.1 Relation Values to Each Other
4.1.1 General Observations
4.1.2 Ranking of Values
4.1.3 Partially at National Level
4.2 Relation Art 2 TEU and Other Provisions of EU Law, Etc.
4.2.1 Art 2 TEU and Other TEU and TFEU Articles
4.2.2 Reverse Solange
4.2.3 Art 2 TEU and Human Rights-Related Provisions
4.2.4 Art 2 TEU and Secondary Law
4.3 Relation Values to Other Concepts
4.3.1 Relation Values and Economic or Political Objectives
4.3.2 Relation Values and Selected (Legal and Ethical) Principles
4.3.2.1 Vulnerability
4.3.2.2 Responsibility (Human Rights and Human Obligations)
4.3.2.3 Precaution
4.3.2.4 Sustainability
4.3.2.5 Proportionality & Balance
4.4 Lessons Learned
References
Chapter 5: Future Direction of Travel (De Lege Ferenda)
5.1 An Additional Narrative: Trust
5.2 An Additional Value: Environmental Protection
5.3 A More Communitarian Union
5.4 From Values to Virtues
References
Chapter 6: Conclusion
References
Appendix
Case-Law (Clustered According to Relevant Court Etc., Then in Chronological Order)
EU Primary Law Etc. (in Chronological Order)
Directives and Regulations (in Alphabetical Order)
Eurobarometer Surveys (on EU Values)
Other (EU, Council of Europe, and United Nations) Legal Documents (in Alphabetical Order)
Other National Legal Documents (According to Country)
