Journal of Modern Science (Jul 2019)
Admissibility of enforcing the European Union's homogeneity clause in the light of the sovereignty of a Member State
Abstract
Objectives The objective of this paper is to investigate the admissibility of enforcing the values expressed in the homogeneousness clause of the European Union. It is postulated that the issue of the practical application of Article 2 of the Treaty on European Union is regarded differently by the institutions of the EU, and differently by the member states. Material and methods In the dogmatic, comparative, and also that of the analysis of political documents of the European Commission and the European Parliament, the following issue will be considered: does the EU have the individual, fully-shaped mechanism of collective memory, making it possible to form and enforce a single model of democracy and the rule of law common for entire Europe. Results According to the current state of judicial decisions, given the absence of the conclusive position of the Court of Justice of the European Union, the automatic application of Article 7 of the Treaty on European Union iuncto with Article 2 of Treaty on European Union, sentence 1, without determining precisely how a member state commits the violation of common values, may still be found ineffective by member states. Conclusions The possibility of enforcing the values expressed in Article 7, and also in 'New Frameworks', exists, but is illusory unless it concerns the values actually recognised as common by all the member states. According to the current state of judicial decisions, given the absence of the conclusive position of the Court of Justice of the European Union, the automatic application of Article 7 of the Treaty on European Union iuncto with Article 2 of the Treaty on European Union, sentence 1, without determining precisely how a member state commits the violation of common values, may still be found ineffective by member states.
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