No. 53: Accession v Membership – Is the European Union Equally Demanding Concerning Compliance With Its Fundamental Values?

Details

Author(s):
  • Joana Picolo
Publish Date:
August 2, 2021
Publication Title:
European Union [EU] Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Joana Picolo, Accession v Membership – Is the European Union Equally Demanding Concerning Compliance With Its Fundamental Values, EU Law Working Papers No. 53, Stanford-Vienna Transatlantic Technology Law Forum (2021).
Related Organization(s):

Abstract

Although in theoretical terms the EU is a union of values, this thesis argues that practice dictates otherwise. According to the treaties, current Member States ought to comply with those values and prospective members are to follow the same trend if they wish to accede to the EU. This dissertation studies the cases of Poland and Hungary to demonstrate that certain Member States fail to abide by the said values and that the EU lacks the legal capacity to act effectively against non-compliance. Concerning aspiring members, Poland at the time of accession, Turkey, Serbia and Montenegro are analysed to illustrate how the EU overlooks flagrant failures of abidance. In practice, this thesis aims to establish that neither of the formerly mentioned is duly sanctioned. In detail, it endeavours to demonstrate that non-compliant Member States are targeted through flawed mechanisms, and that prospective members do not see their accession process being derailed. As also advanced by the present dissertation, the EU itself, in certain circumstances, does not respect its fundamental values. All in all, the conclusion of this study is problematic: a self-declared union of values that is devoid
of them.