Article 2 TEU lists the values on which the EU is founded. Article 3 TEU sets out its objectives. The Charter of Fundamental Rights, made binding by the Lisbon Treaty in 2009, defines the rights of every person in the EU. These are among the most frequently tested topics in the EU Knowledge exam.
1. EU Values — Article 2 TEU
The EU is founded on the following values, which are common to all member states in a society based on pluralism, non-discrimination, tolerance, justice, solidarity, and equality:
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Human Dignity
Inviolable. Must be respected and protected in all EU action.
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Freedom
Freedom of expression, assembly, movement, thought, conscience and religion.
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Democracy
Government based on the will of the people, through free and fair elections.
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Equality
Equality before the law, equal treatment of men and women, non-discrimination.
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Rule of Law
All public and private actors are subject to the law; independent judiciary.
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Human Rights
Including the rights of minorities. Basis of the Charter of Fundamental Rights.
Article 7 TEU — Sanctions for breach of values: If a member state seriously and persistently breaches EU values, the Council (by qualified majority) can suspend certain rights including voting rights. This is the "nuclear option" — triggered by the European Parliament or 1/3 of member states. Has been invoked regarding Poland and Hungary.
2. EU Objectives — Article 3 TEU
Article 3 TEU sets out what the EU aims to achieve. These objectives guide all EU action:
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Peace, values and well-being — The EU's primary aim: promote peace, its values, and the well-being of its peoples (Art. 3(1)).
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Area of Freedom, Security and Justice (AFSJ (Area of Freedom, Security and Justice)) — without internal frontiers, with controls on external borders (Art. 3(2)).
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Internal market — highly competitive social market economy, full employment, social progress, environmental protection (Art. 3(3)).
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Economic and Monetary Union — whose currency is the euro (Art. 3(4)).
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In the wider world — uphold and promote EU values and interests, contribute to peace, security, sustainable development, free trade, eradication of poverty (Art. 3(5)).
3. The Charter of Fundamental Rights
Proclaimed in 2000, the Charter of Fundamental Rights of the EU became legally binding with the Treaty of Lisbon (1 December 2009). It has the same legal value as the treaties (Art. 6(1) TEU).
The Charter contains 54 articles divided into 7 titles:
Title I
Dignity
Arts. 1–5
Human dignity · Right to life · Prohibition of torture · Prohibition of slavery
Title II
Freedoms
Arts. 6–19
Liberty · Privacy · Data protection · Marriage · Education · Work · Property · Asylum
Title III
Equality
Arts. 20–26
Equality before the law · Non-discrimination · Cultural diversity · Rights of the child · Elderly · Disabled
Title IV
Solidarity
Arts. 27–38
Workers' rights · Social security · Healthcare · Environmental protection · Consumer protection
Title V
Citizens' Rights
Arts. 39–46
Vote in EP elections · Good administration · Access to documents · Ombudsman · Free movement
Title VI
Justice
Arts. 47–50
Effective remedy · Fair trial · Presumption of innocence · No double jeopardy (ne bis in idem)
Title VII
General Provisions
Arts. 51–54
Scope of application · Permitted limitations · Level of protection
Scope of the Charter (Art. 51)
The Charter applies to:
- EU institutions, bodies, offices and agencies — always
- Member states — only when they are implementing EU law
The Charter does not extend EU competences. It does not create new competences for the EU — it only governs how existing competences are exercised.
Charter vs European Convention on Human Rights (ECHR): These are two different instruments. The ECHR is a Council of Europe treaty (not EU law) enforced by the European Court of Human Rights in Strasbourg. The Charter is EU law enforced by the Court of Justice of the EU in Luxembourg. The EU is in the process of acceding to the ECHR (Art. 6(2) TEU), but this has not yet been completed.
4. The Right to Good Administration (Art. 41 Charter)
This right is particularly important for EPSO candidates, as EU officials must apply it in daily work. It includes:
- The right to have affairs handled impartially, fairly and within a reasonable time
- The right to be heard before any individual adverse measure
- The right of access to one's file
- The obligation of the administration to give reasons for its decisions
- The right to compensation for damage caused by EU institutions
- The right to write to EU institutions in any official EU language and receive a reply in the same language
Key Terms
Article 2 TEU
Lists the six foundational EU values: human dignity, freedom, democracy, equality, rule of law, human rights.
Article 3 TEU
Lists EU objectives: peace, AFSJ, internal market, EMU (Economic and Monetary Union), and promotion of EU values globally.
Charter of Fundamental Rights
54 articles in 7 titles. Legally binding since 2009. Same legal value as the treaties.
Article 7 TEU
The procedure for determining a serious breach of EU values by a member state, potentially leading to suspension of voting rights.
Right to good administration
Art. 41 Charter — the right to impartial, fair and timely handling of affairs by EU institutions. Core obligation of EU officials.
Ne bis in idem
Art. 50 Charter — no one shall be tried or punished twice for the same offence (double jeopardy protection).