This paper focuses on the legal character of the primary law provisions concerning the EU values. Through the analysis of certain weaknesses of Article 7 TEU, and the conception according to which the EU values would lack a real legal dimension, it seeks to revise funditus the doctrine of values. The aim is to take a look based on the primacy of such values, conceived as truly legal precepts or rules. It is suggested that the doctrine of values offers a normative framework located at the top of the Union’s legal system, functioning as a legitimizing factor of the European integration process as a whole. Article 2 TEU is conceptualized as a provision that imposes an obligation erga omnes partes founded on a common or general interest in ensuring that each Member State fulfils that obligation. In other words, respect for common values leads to the consequence of an obligation being imposed on national authorities to take the necessary measures in their powers to secure that respect vis-à-vis the EU, the other Member States and to individuals as well.

Baratta, R. (2018). La communauté de valeurs dans l’ordre juridique de l’Union européenne. REVUE DES AFFAIRES EUROPEENNES, 2018, 81-91.

La communauté de valeurs dans l’ordre juridique de l’Union européenne

Baratta Roberto
2018

Abstract

This paper focuses on the legal character of the primary law provisions concerning the EU values. Through the analysis of certain weaknesses of Article 7 TEU, and the conception according to which the EU values would lack a real legal dimension, it seeks to revise funditus the doctrine of values. The aim is to take a look based on the primacy of such values, conceived as truly legal precepts or rules. It is suggested that the doctrine of values offers a normative framework located at the top of the Union’s legal system, functioning as a legitimizing factor of the European integration process as a whole. Article 2 TEU is conceptualized as a provision that imposes an obligation erga omnes partes founded on a common or general interest in ensuring that each Member State fulfils that obligation. In other words, respect for common values leads to the consequence of an obligation being imposed on national authorities to take the necessary measures in their powers to secure that respect vis-à-vis the EU, the other Member States and to individuals as well.
Baratta, R. (2018). La communauté de valeurs dans l’ordre juridique de l’Union européenne. REVUE DES AFFAIRES EUROPEENNES, 2018, 81-91.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11590/385356
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