12. La Constitución de la UE

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The discussion delves into the challenges of categorizing the European Union as an entity with a constitution due to its legal structure primarily based on international treaties.

Challenges in Defining the EU's Legal Framework

• The attempt to create a constitution for the EU was framed as an international treaty rather than a social pact.

• The evolution of the EU from an economic union to a political one signifies a unique legal reality that has been acknowledged by significant judicial pronouncements.

• Judicial references, such as the Cadiz case, highlight the constitutional principles within the EU and its progression towards a constitutional framework.

The Concept of Constitution in the EU

Explores the definition of a constitution and how it applies to the organizational structure of the European Union.

Understanding Constitution in the EU Context

• A constitution is defined as an autonomous form of political organization based on common values and direct links between this organization and individuals.

• The Treaties of the European Union establish its constitutional foundations, distinguishing it with an independent legal order separate from international law and member states' laws.

Legal Characteristics Defining EU's Constitutional Framework

Examines key legal aspects that shape the constitutional identity of the European Union.

Legal Features Establishing EU's Constitutional Identity

• The establishment of institutions with real powers through limitations on sovereignty contributes to defining a clear constitutional framework within the EU.

• Characteristics like rules for political organization, defined frameworks for administrative activities, and judicial supremacy underscore its constitutional nature.

EU's Constitutional Organization and Rights

Discusses how rights, citizenship, and fundamental principles contribute to shaping the constitutional fabric of the European Union.

Elements Contributing to EU's Constitutional Fabric

• The Treaty of Maastricht introduced European citizenship, emphasizing equal treatment regardless of nationality underpinning a strong constitutional organization.

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The section discusses the values and principles that underpin the European Union, emphasizing democracy, rule of law, social justice, economic progress, and human rights as fundamental elements of European identity.

Values of the European Union

• A society designed to serve people aims to uphold principles such as representative democracy, rule of law, social justice, economic progress, and respect for human rights.

• The European identity is shaped by these values along with cultural pluralism. Most values are outlined in Article 2 of the EU Treaty except for social justice.

• The EU is founded on values like human dignity, freedom, democracy, equality, rule of law, and respect for human rights including minority rights. These values promote a society based on pluralism and non-discrimination.

Obligations and Consequences

• The EU's core values include tolerance, justice, solidarity, and gender equality. Compliance with these mandatory values is crucial for EU membership or continuation within the union.

• Adherence to these values leads to significant implications such as conditions for accession and sanction procedures against states violating these fundamental principles under Article 7 of the EU Treaty.

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This section delves into the legal framework within the European Union focusing on the rule of law as a cornerstone principle safeguarded by legal mechanisms and institutions.

Rule of Law in the EU

• The EU operates primarily under a rule-of-law framework ensuring coherence with fundamental principles. It establishes a legal system safeguarded by the European Court of Justice where respect for the rule of law is pivotal.

• An infographic illustrates how the EU upholds the rule of law through its framework. The recommendation procedure was introduced following an incident involving Austria in the 1990s when extreme right-wing factions entered government.

Legal Mechanisms and Sanctions

• Pressures to adhere to essential legal frameworks were exerted individually before specific provisions were formalized. Diplomatic relations were strained with Austria due to violations prompting discussions on Article 7 sanctions in case of severe breaches.