Europese Commissie bepaalt richtsnoeren voor bewaking van Europese waarden in lidstaten (en) - Hoofdinhoud

Article 7 of the Treaty on European Union, as amended by the Treaty of Nice which came into force on 1 February 2003, confers a new power on the European Commission to monitor respect for the common values by the Member States and to identify possible threats to these values. In particular, it gives the Commission - like the European Parliament and the Member States - the power to activate preventive measures or penalties.

In a Communication adopted on 15 October 2003 on the initiative of António Vitorino i, the Commissioner responsible for Justice and Home Affairs, the European Commission places particular emphasis on the need for prevention in this area rather than on the possibility of penalties against a Member State.

The Communication examines the material and formal conditions for applying Article 7 in the event of a serious and persistent breach of the common values or a clear risk of such a breach.

It also reviews the preventive measures that should be used to ensure scrupulous respect for and the promotion of these common values.

Promotion means, in particular,

• the introduction of regular monitoring of respect for fundamental rights within the European Union and the development of independent expertise,

• concerted action between the EU institutions and with the Member States,

• dialogue with civil society,

• cooperation with the relevant bodies of the Council of Europe,

• information and education for the public.

Background

Fundamental rights form the foundations on which the European Union is built. Any serious breach of these rights on the part of the Member States is therefore likely to undermine the common values that underpin European integration.

The entry into force of the Treaty of Nice on 1 February 2003 was a defining moment in terms of the means of action available to the European Union for enforcing respect for fundamental rights by the Member States.

By giving the Union the capacity to act preventively in the event of a clear risk of a serious breach of the common values, the Nice Treaty greatly enhanced the operational character of the means already available under the Amsterdam Treaty, which allowed only remedial action after the serious breach had already occurred.