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Constitutionalism and the Enlargement of Europe$
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Wojciech Sadurski

Print publication date: 2012

Print ISBN-13: 9780199696789

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696789.001.0001

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Fundamental Rights and EU Enlargement

Fundamental Rights and EU Enlargement

(p.53) 2 Fundamental Rights and EU Enlargement
Constitutionalism and the Enlargement of Europe

Wojciech Sadurski

Oxford University Press

One of the central aspects of the move towards constitutionalizing the EU was the adoption of the Charter of Fundamental Rights. There is an important ‘enlargement dimension’ to the Charter. In particular, it has performed the significant function of reducing certain pathologies of the ‘political conditionality’ process, the use of which was viewed as the application of ‘double standards’ by the EU, as candidate states were measured by tests which the Union refused to apply to its own internal order. It also helped to reduce sovereignty-related anxiety among CEE candidate states and revitalized the ‘values talk’ within the EU as a community of values, not only a community of interests. The inclusion of Article 7, introducing a preventive and sanctioning mechanism into the Treaty on European Union, was largely prompted by the prospect of the eastward enlargement; this best illustrates the way that the enlargement can be seen as an agenda-setter for human rights constitutionalism in the EU.

Keywords:   EU law, Charter of Fundamental Rights, Treaty on European Union, TEU, Lisbon Treaty, Article 7, Haider, Fundamental Rights Agency, enlargement, sovereignty, Central and Eastern Europe

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