Snapshot

Article 2 TEU states the Union's founding values, Article 3 sets its objectives, and the Charter of Fundamental Rights protects rights within the scope defined by its Article 51. Article 7 TEU provides preventive and sanctioning procedures concerning serious breaches of the values in Article 2.

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 has legal consequences. Threats to judicial independence, media freedom or effective anti-corruption controls may engage the Article 7 procedure, infringement proceedings and, where the budget is sufficiently affected, the rule-of-law conditionality mechanism. The legal thresholds and decision rules differ between these instruments.

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 institutional consequences: a European state applying for membership must respect and commit to promoting these values under Article 49 TEU, and a member state's conduct may engage Article 7.

2. Article 7. 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.

The Commission submitted an Article 7(1) reasoned proposal concerning Poland in December 2017 and closed the procedure in May 2024. Parliament submitted an Article 7(1) proposal concerning Hungary in September 2018. Neither case reached a determination under 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 is addressed to EU institutions, bodies, offices and agencies, with due regard for subsidiarity, and to member states only when they are implementing Union law. In Åkerberg Fransson (Case C-617/10), the CJEU explained that this covers national action falling within the scope of EU law. 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 2013 draft accession agreement incompatible with EU law. Negotiations resumed in 2020 and produced tentative agreement on most draft instruments in March 2023, but accession had not been completed by 11 July 2026.

Numbers & Dates

Recent Developments

The rule-of-law conditionality regulation was first applied to Hungary in 2022. This budget-protection mechanism is legally distinct from the Article 7 procedure and from measures under other funding instruments. The Commission's annual Rule of Law Report, introduced in 2020, covers all member states. On 16 June 2026, the Council reviewed Hungary under the continuing Article 7(1) procedure; no determination under Article 7(2) had been made by 11 July 2026.

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
• •European Commission Rule of Law Report (annual) — commission.europa.eu
• •Council overview of Article 7 and rule-of-law mechanisms — consilium.europa.eu
• •General Affairs Council, 16 June 2026 — consilium.europa.eu
• •EU accession to the ECHR — echr.coe.int

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