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Indiana Int'l & Comp. Law Review
Volume 27 Number 1 2017
ARTICLES
Do EUROPEAN UNION MEMBER STATES HAVE TO RESPECT
HUMAN RIGHTS? THE APPLICATION OF THE EUROPEAN
UNION'S FEDERAL BILL OF RIGHTS TO MEMBER STATES
CSONGOR ISTVAN NAGY*
1. INTRODUCTION
The respect of fundamental rights is one of the cornerstones of the European
Union (EU). It is a precondition of membership and it is listed among the core
values of the Union.' According to Article 2 of the Treaty on the European Union
(TEU), the EU is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights, including the
rights of persons belonging to minorities. Still, EU law contains no effective
mechanism to compel Member States to respect fundamental rights and freedoms
in general.2 The recent controversies between the European Commission and
some Member States revealed that the EU's limited powers do not enable the
Commission to effectively intervene in cases where a Member State appears
noncompliant with the above requirements.
* Csongor Istvin Nagy, dr. juris, LL.M., Ph.D., S.J.D, is professor of law and head of the
Department of Private International Law at the University of Szeged and research chair and the
head of the Federal Markets Momentum Research Group of the Hungarian Academy of Sciences.
He is visiting professor at the Central European University (Budapest/New York), the Riga
Graduate School of Law (Latvia) and the Sapientia University of Transylvania (Romania). This
research was supported by the project nr. EFOP-3.6.2-16-2017-00007, titled Aspects on the
development of intelligent, sustainable and inclusive society: social, technological, innovation
networks in employment and digital economy. The project has been supported by the European
Union, co-financed by the European Social Fund and the budget of Hungary. The author is indebted
to Professor Andris Jakab and Professor Howard Schweber for their comments on the earlier draft
of this paper. Of course, all views and any errors remain the author's own.
1. Copenhagen criteria, established by the European Council in Copenhagen on June 21-22,
1993 (Conclusions of the Presidency).
2. See e.g. Jakab, Andrds, Application of the EU Charter by National Courts in Purely
Domestic Cases (October 21, 2014). Andrds Jakab / Dimitry Kochenov (eds), The Enforcement of
EU Law and Values: Ensuring Member States' Compliance (Oxford: Oxford University Press
Forthcoming). Available at SSRN: http://ssrn.com/abstract=2512865; Michael Dougan: Judicial
review of Member State action under the general principles and the Charter: defining the scope
of Union law, 52 Common Market Law Review 1201 (2015). [https://perma.cc/LF2F-PGTJ]
http://doi.org/10.18060/7909.0044](ViewImageLocal?handle=hein.journals/iicl27&div=1&collection=&method=preview&ext=.png&size=3)
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