Snapshot

What the EU is for lives in three articles. Article 2 TEU names the values the Union claims as its foundation; Article 3 TEU sets the objectives it pursues; the Charter of Fundamental Rights lays out the rights every person enjoys when EU law is being applied to them. Article 7 TEU provides the emergency brake when a member state strays from these values.

Legal Anchors

• •TEU Article 2 — values: human dignity, freedom, democracy, equality, rule of law, human rights (including minority rights).
• •TEU Article 3 — objectives: peace and well-being; AFSJ; internal market; EMU; values in the wider world.
• •TEU Article 6 — the Charter has the same legal value as the treaties; EU shall accede to the ECHR.
• •TEU Article 7 — procedure for a serious and persistent breach.
• •Charter of Fundamental Rights, Articles 1–54 — the catalogue of rights (Charter Title I — Dignity, Title II — Freedoms, Title III — Equality, Title IV — Solidarity, Title V — Citizens' Rights, Title VI — Justice, Title VII — General Provisions).
• •Regulation 2020/2092 — rule-of-law conditionality regulation.

Why It Matters

The values clause is not decorative. When a member state's government attacks the independence of its judiciary, restricts press freedom or weakens anti-corruption authorities, the EU does not just disapprove — there is a treaty procedure (Article 7) and now a budgetary tool (rule-of-law conditionality) that can be activated. Whether and how to use these tools is one of the central political disputes inside the Union.

Core Concepts — Reorganised by Theme

1. The six values of Article 2 TEU. The article lists, in this order: human dignity, freedom, democracy, equality, the rule of law, and respect for human rights "including the rights of persons belonging to minorities." It then says these values are common to the member states in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

The catalogue has two implications: candidates for accession must respect these values (Article 49 TEU refers back to Article 2), and existing members must continue to respect them on pain of Article 7.

2. Article 7 — the "nuclear option." The procedure has two arms:

• •Preventive (Article 7(1)) — the Council, by four-fifths of its members and with the consent of the European Parliament, can determine that there is a clear risk of a serious breach.
• •Sanctioning (Article 7(2)–(3)) — the European Council, acting unanimously (minus the state concerned) and with EP consent, can determine that a serious and persistent breach exists. The Council, by qualified majority, can then suspend certain rights, including voting rights in the Council.

In practice, Article 7(1) was triggered by the Commission against Poland (December 2017) and by the European Parliament against Hungary (September 2018). Neither case has reached the sanctioning stage because of the unanimity requirement at Article 7(2).

3. Objectives in Article 3 TEU. The article sets a layered list:

• •Promote peace, the Union's values, and the well-being of its peoples (3(1)).
• •Offer citizens an area of freedom, security and justice without internal frontiers, with controls at the external ones (3(2)).
• •Establish an internal market that works towards sustainable development, balanced growth, price stability, a competitive social market economy aiming at full employment, social progress, a high level of environmental protection, scientific progress, social inclusion, gender equality, child rights, economic/social/territorial cohesion, and cultural and linguistic diversity (3(3)).
• •Establish the economic and monetary union, whose currency is the euro (3(4)).
• •Project values and interests in the wider world (3(5)).

4. The Charter of Fundamental Rights. Proclaimed at Nice in 2000, it became legally binding with the Lisbon Treaty on 1 December 2009. It has 54 articles in seven titles:

• •Title I — Dignity (Arts. 1–5): human dignity, right to life, right to integrity of the person, prohibition of torture and inhuman or degrading treatment, prohibition of slavery and forced labour.
• •Title II — Freedoms (Arts. 6–19): liberty and security; respect for private and family life; protection of personal data; right to marry and found a family; freedom of thought, conscience and religion; freedom of expression and information; freedom of assembly and association; freedom of the arts and sciences; right to education; freedom to choose an occupation and the right to engage in work; freedom to conduct a business; right to property; right to asylum; protection in the event of removal, expulsion or extradition.
• •Title III — Equality (Arts. 20–26): equality before the law; non-discrimination; cultural, religious and linguistic diversity; equality between women and men; rights of the child; rights of the elderly; integration of persons with disabilities.
• •Title IV — Solidarity (Arts. 27–38): workers' rights to information and consultation; right of collective bargaining and action; right of access to placement services; protection in case of unjustified dismissal; fair and just working conditions; prohibition of child labour and protection of young people at work; family and professional life; social security and social assistance; healthcare; access to services of general economic interest; environmental protection; consumer protection.
• •Title V — Citizens' Rights (Arts. 39–46): right to vote and stand for election in EP and municipal elections; right to good administration; right of access to documents; European Ombudsman; petition; freedom of movement and residence; diplomatic and consular protection.
• •Title VI — Justice (Arts. 47–50): right to an effective remedy and to a fair trial; presumption of innocence and rights of the defence; legality and proportionality of criminal offences and penalties; ne bis in idem (no double jeopardy).
• •Title VII — General Provisions (Arts. 51–54): scope, level of protection, limits.

5. Scope of the Charter (Article 51). The Charter applies always to EU institutions, bodies, offices and agencies. It applies to member states only when they are implementing EU law. The CJEU has interpreted "implementing" relatively generously — it covers situations within the scope of EU law, not only when a state literally executes an EU directive. The Charter does not extend EU competences.

6. Right to good administration (Article 41 Charter). Of practical importance for anyone working in the EU institutions, this article codifies:

• •the right to have one's affairs handled impartially, fairly and within a reasonable time;
• •the right to be heard before any adverse individual measure;
• •the right of access to one's own file;
• •the institution's duty to give reasons;
• •the right to compensation for damage caused by the institutions;
• •the right to write to institutions in any official EU language and receive a reply in that language.

7. Charter vs. ECHR. Two different instruments, two different courts.

• •The Charter is EU law and is enforced by the CJEU in Luxembourg.
• •The European Convention on Human Rights is a Council of Europe treaty enforced by the European Court of Human Rights in Strasbourg, with jurisdiction over 46 states (all EU members plus others).

The EU is required by Article 6(2) TEU to accede to the ECHR. The CJEU's Opinion 2/13 (2014) found the draft accession agreement incompatible with EU law and the process has been re-launched but is still not complete in 2026.

Numbers & Dates

• •2000 — Charter solemnly proclaimed at Nice (not binding).
• •1 December 2009 — Charter becomes legally binding (Lisbon entry into force).
• •December 2017 — Commission triggers Article 7(1) against Poland.
• •September 2018 — EP triggers Article 7(1) against Hungary.
• •2020 — Regulation 2020/2092 on rule-of-law conditionality adopted.
• •2022 — CJEU confirms legality of conditionality regulation (Cases C-156/21 and C-157/21).

Recent Developments

The rule-of-law conditionality regulation has been invoked, with about €6.3 billion in Hungarian cohesion funds frozen by late 2022; partial unfreezing was conditioned on judicial-reform milestones. The European Commission's annual Rule of Law Report, started in 2020, now covers all 27 member states and is the workhorse of the EU's softer rule-of-law toolkit. As of 2026, no Article 7(2) sanction has ever been adopted.

Common Confusions

• •The Charter does not apply to member states across the board — only when they are implementing EU law (Article 51).
• •The Charter is not the ECHR. The EU has not yet acceded to the ECHR.
• •"Prosperity" is not listed in Article 2 TEU; "human dignity, freedom, democracy, equality, rule of law, human rights" are.

Capsule Glossary

• •Article 2 TEU — the values clause.
• •Article 7 TEU — the procedure for sanctioning breaches of values.
• •Ne bis in idem — Charter Article 50: no one shall be tried or punished twice for the same offence.
• •Rule-of-law conditionality — Regulation 2020/2092 linking EU funds to rule-of-law compliance.
• •Strasbourg court / Luxembourg court — ECtHR is in Strasbourg; CJEU is in Luxembourg.

Cross-References

• •Charter Article 41 in daily institutional practice → Chapter 6 (Commission), Chapter 8 (Ombudsman).
• •Rule-of-law conditionality and MFF design → Chapter 10, Chapter 17.
• •Charter as primary law → Chapter 2.

Primary Sources

• •TEU, Article 2 — eur-lex.europa.eu
• •Charter of Fundamental Rights — eur-lex.europa.eu
• •Wikipedia, "Charter of Fundamental Rights of the European Union" — en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union
• •European Commission Rule of Law Report (annual) — commission.europa.eu

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